Steer clear of basing salary on previous pay.

Attorneys who represent employees and job applicants are starting to win equal-pay cases they might have lost in years past. They are claiming that basing a new employee's starting pay on how much he or she earned before so perpetuates past bias that it is itself a discriminatory act.

The federal Equal Pay Act has rarely been successfully used to hold new employers responsible for the effects of past discrimination. However, plaintiff's lawyers are finding more success suing under state law.

Recent case: Several women sued Oracle, alleging it used their past salary histories to set their starting pay. As a result, they argued, women were paid less than men holding comparable jobs. They said the practice violated California's...