Why the Equal Pay Act and Laws Which Prohibit Salary Inquiries of Job Applicants Can Not Adequately Address Gender-Based Pay Inequity

Abstract

Despite passage of the Equal Pay Act (EPA) more than a half-century ago, surveys consistently show that women still earn significantly less than men. One factor to which this has been attributed is the use of current salary as a basis for a new job offer. Such a practice, it has been argued, perpetuates the kinds of salary differentials the EPA attempted to eradicate. As a result, many municipalities have passed laws which prohibit inquiries as to an applicant’s current salary. This article explores the nature of such laws and their limitations and offers alternative strategies to close the pay gap between genders.