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Kennedy signed the Equal Pay Act of 1963 into law. The law has been weakened by loopholes, inadequate remedies, and adverse court rulings, resulting in protection that is far less effective than Congress originally intended.
The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Job content (not job titles) determines whether jobs are substantially equal.
Forty-two states have equal pay laws. Eight states have an exemption for small businesses. Most state equal pay acts grant exceptions for pay systems based on wage differentials other than gender, such as seniority or merit.
President John F. Kennedy
To prohibit discrimination on account of sex in the payment of wages by employers engaged in commerce or in the production of goods for commerce. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Equal Pay Act of 1963.”
The legal position in Australia It is not unlawful to ask job applicants questions about their salary history or salary expectations. It is unlawful, however, to use the information obtained to discriminate against an applicant on a ground prohibited by anti-discrimination legislation, such as gender, race, age, etc.
1. Why do employers ask for your previous salary? Employers tend to use your past salary to gauge your market value. It also gives them a sense of what salary you may be expecting.
At the time of publication, it’s illegal for employers to ask candidates about salary history or current wages, including: California.