Maryland Expands Equal Pay Protections to Clearly Include Sexual Orientation

By Nathan Quinn

5 Min Read

Maryland has taken a major step forward in protecting the rights of LGBTQ+ workers. As of October 1, 2024, the state’s Equal Pay for Equal Work Act now explicitly prohibits employers from paying workers differently based on their sexual orientation.

This change closes a gap in the law that had left some employees vulnerable to subtle and hard-to-prove pay discrimination. Until now, the Equal Pay for Equal Work Act only addressed unequal pay based on sex or gender identity. Sexual orientation was not mentioned, even though Maryland already banned discrimination or retaliation based on it under other employment laws. That lack of clarity created a legal gray area, which the Maryland Supreme Court brought into sharp focus in a 2023 decision that found certain job protection laws did not clearly apply to sexual orientation.

Court opinion: Read the Maryland Supreme Court decision (PDF)

News coverage: Baltimore Banner case summary

Under the updated law, employers can no longer use sexual orientation as a reason to pay someone less than a heterosexual coworker doing the same work. This applies to every form of compensation, including base wages, bonuses, health and retirement benefits, and stipends or allowances. The point is simple: if two employees perform the same job, they must be paid the same - regardless of who they love.

Pay discrimination based on sexual orientation can be particularly difficult to detect. It rarely shows up in obvious ways, and the differences often emerge gradually through uneven raises, bonuses, or benefit offerings. By naming “sexual orientation” outright, the law gives employees a stronger legal footing to challenge these inequities.

If you suspect you are being paid less because of your sexual orientation, it is important to start keeping records. Preserve pay stubs, job offers, and benefit information. Take note of what coworkers in similar roles earn. And speak with an attorney who can help you assess whether you have a claim. At Quinn Patton, we help workers across Maryland understand their rights and take action when those rights are violated. Equal work should always mean equal pay - no exceptions.

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