A very good point, but, and this gets a bit complex, they would have to prove that they relied upon on false information to decide to hire or pay you.
So Bob and Anna are equally qualified and currently paid 50k. They both apply for same job and Bob says he has a (fake) PhD and is paid 50k and anna does not lie about qualifications but says her base is 100k
Most of us would say Bob has committed an illegal act because the link between qualifications and hiring decision seems so clear. But there is a very weak link between previous salary and hiring decision, so how far must the company prove that it uses prior salary in hiring decisions? Just the fact that it asks? The fact it only offers prior plus 5%? That prior salary is used to rank CVs?
So Bob and Anna are equally qualified and currently paid 50k. They both apply for same job and Bob says he has a (fake) PhD and is paid 50k and anna does not lie about qualifications but says her base is 100k
Most of us would say Bob has committed an illegal act because the link between qualifications and hiring decision seems so clear. But there is a very weak link between previous salary and hiring decision, so how far must the company prove that it uses prior salary in hiring decisions? Just the fact that it asks? The fact it only offers prior plus 5%? That prior salary is used to rank CVs?