Jurisdiction Equal Pay Law Protected Class(es) Type of Work Compared Permissible Factors for Pay Differential Statewide Salary History Inquiries Permitted? MD Maryland Sex, gender identity, race, religious beliefs, sexual orientation For employees in the same establishment, work of comparable character or work in the same operation, in the same business, or of the same type. If based on a seniority system that does not discriminate on the basis of sex or gender identity; a merit increase system that does not discriminate on the basis of sex or gender identity; jobs that require different abilities or skills; jobs that require the regular performance of different duties or services; work that is performed on different shifts or at different times of day; a system that measures performance based on a quality or quantity of production; or a bona fide factor other than sex or gender identity, including education, training, or experience, in which the factor is not based on or derived from a gender–based differential in compensation, is job related with respect to the position and consistent with a business necessity, and accounts for the entire differential. No, employers are prohibited from retaliating against or refusing to interview, hire, or employ any job applicant who either (a) did not provide wage history on a job application, or (b) who requested information about the wage range for the job to which the applicant applied. Employers are also prohibited from relying on the applicant’s wage history as a way to screen job applicants for the position, or when determining the wages for the applicant if that person is hired. Employers are further prohibited from seeking the wage history of an applicant either orally, in writing, or through another employee, an agent, or from the applicant’s current or former employer. However, after an applicant has received an initial offer of employment that includes a specific compensation figure, an employer may rely on any wage history voluntarily provided by the applicant to support a wage offer higher than the initial wage offer or seek to confirm the wage history voluntarily provided by the applicant to support the higher wage offer. These additional exceptions, however, are subject to the additional restriction that the higher wage may not create a pay differential based on sex and/or gender identity. MA Massachusetts Gender Comparable work, defined as work that is substantially similar in that it requires substantially similar skill, effort, and responsibility and is performed under similar working conditions; provided however, that a job title or job description alone shall not determine comparability. If based upon the following: a system that rewards seniority with the employer (provided, however, that time spent on leave due to a pregnancy-related condition and protected parental, family and medical leave, shall not reduce seniority); a merit system; a system which measures earnings by quantity or quality of production, sales, or revenue; the geographic location in which a job is performed; education, training or experience to the extent such factors are reasonably related to the particular job in question; or travel, if the travel is a regular and necessary condition of the particular job. A pay difference will be permissible under MEPA if the entire difference is justified by one of these factors, or by a combination of these factors. MEPA does not recognize any other valid reasons for variations in pay between men and women performing comparable work. Note: Noticeably absent from AG guidance regarding defenses to pay differentials is the catch-all “any reason other than gender” defense that exists under the federal EPA and many other state equal pay laws. No. Generally, employers cannot seek salary history from a prospective employee or the prospective employee’s current or former employer. Under two limited exceptions, an employer may request salary history. The first exception is if a prospective employee has voluntarily disclosed salary history information, then an employer can confirm prior wages or salary or permit a prospective employee to confirm prior wages or salary. The second exception is if an offer of employment with compensation has been made, then an employer may seek or confirm a prospective employee’s wage or salary history. Additionally, employers cannot require that prior wage or salary history meet certain criteria, and prior wages are not a defense to an equal pay complaint. 15 | 50 STATE EQUAL PAY REFERENCE GUIDE AS OF MARCH 2026
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