The United States Supreme Court declined to review a Ninth Circuit Court of Appeals case which held that “salary history” was not a job-related factor on which pay can be based (i.e., basing compensation on “salary history” was improper). Statutory exceptions to equal pay include: (1) seniority; (2) merit; (3) the quantity or quality of the employee’s work; and (4) any other factor other than sex. In addition to the requirements imposed by state equal pay laws, the Court of Appeals ruling serves as a reminder that discrepancies in pay must be bona fide and defensible.