(a) (1) If an employer knew or reasonably should have known that the employer's action violates § 3-304 of this subtitle, an affected employee may bring an action against the employer for injunctive relief and to recover the difference between the wages paid to employees of one sex, sexual orientation, gender identity, religious beliefs, or race, or who have a disability and the wages paid to employees of another sex, sexual orientation, gender identity, religious beliefs, or race, or who do not have a disability who do the same type work and an additional equal amount as liquidated damages. (2) If an employer knew or reasonably should have known that the employer's action violates § 3-304.1 of this subtitle, an affected employee may bring an action against the employer for injunctive relief and to recover actual damages and an additional equal amount as liquidated damages. (3) An employee may bring an action on behalf of the employee and other employees similarly affected. (b) On the written request of an employee who is entitled to bring an action under this section, the Commissioner may: (1) take an assignment of the claim in trust for the employee; (2) ask the Attorney General to bring an action in accordance with this section on behalf of the employee; and (3) consolidate 2 or more claims against an employer. (c) An action under this section shall be filed within 3 years after the employee receives from the employer the wages paid on the termination of employment under § 3-505(a) of this title. (d) The agreement of an employee to work for less than the wage to which the employee is entitled under this subtitle is not a defense to an action under this section. (e) If a court determines that an employee is entitled to judgment in an action under this section, the court shall allow against the employer reasonable counsel fees and other costs of the action, as well as prejudgment interest in accordance with the Maryland Rules.
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