Maryland: Legislative Updates

APPLIES TO

All Employers with Employees in MD

EFFECTIVE

October 1, 2024

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Quick Look

  • HB 1397 prohibits pay differences based on race, religious beliefs, sex, gender, identity, or sexual orientation of employees. It also explicitly prohibits providing less favorable employment opportunities based on race, religious beliefs, sexual orientation, and disability.
  • HB 602 includes sexual orientation as a protected class and examples of what constitutes “providing less favorable employment opportunities.”
  • HB 649 amends Maryland’s pay transparency requirements by providing some necessary definitions.

Discussion:

The 2024 Maryland legislative session was a busy one with several major bills passed and signed by the Governor. In addition to the laws that caught everyone’s attention, there were some other less noticed changes employers should be aware of.

 

Expanded Discrimination Protections. HB 1397 and HB 602 amended the Maryland Equal Pay for Equal Work Act to increase protections for employees. HB 1397 prohibits pay differences based on race, religious beliefs, sex, gender, identity, or sexual orientation of employees. It also explicitly prohibits providing less favorable employment opportunities based on race, religious beliefs, sexual orientation, and disability. HB 602 also includes sexual orientation as a protected class in its definition and examples of what constitutes “providing less favorable employment opportunities.”

 

Pay Transparency. HB 649 amends Maryland’s pay transparency requirements by providing some necessary definitions. The law requires employers to include a wage range for public or internal job postings for positions that have at least partial physical performance in Maryland. A job posting is defined as a solicitation intended to recruit applicants for a specific available position, including recruitment done directly by an employer or indirectly through a third party. A wage range is the minimum and maximum hourly rate or salary that is set in good faith by any applicable pay scale, previously determined range, budgeted amount, or the range of an individual holding a comparable position. The posting shall also include a general description of benefits and any other compensation offered for the position. The Maryland Department of Labor is tasked with developing a template form to create a compliant posting.

 

Military Status Discrimination Prohibited. HB 598 amends Maryland’s Fair Employment Practices Act to prohibit discrimination on the basis of military status. Military status is defined as a member of the uniformed services, a member of a reserve component of the Armed Forces of the United States, or a dependent.

Action Items

  1. Review new laws where indicated.
  2. Update harassment and discrimination policies.
  3. Review compensation structure with legal counsel, if applicable.
  4. Review and update job postings and job descriptions.

 


Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase