According to a federal District Court in Virginia, the use of salary history in employment decisions is a reasonable – and legal – tool for employers to consider in making employment decisions. Early this month, the court applied a precedent set by the Fourth Circuit Court of Appeals (Spenser v. Virginia State University) versus a more restrictive one articulated in a different case by the California-based Ninth Circuit Court (Rizo v Yovino). The issue will likely end up being finally decided by the Supreme Court of the United States (SCOTUS) to address the conflicting appellate decisions. In Abe v. Virginia Department of Environmental Quality, the court determined that the consideration of salary history was sufficient for the employers to use as an affirmative defense to an Equal Pay claim. The court sidestepped a question as to the employer having to prove that its use of salary history was job-related as determined by the Fourth Circuit in a different case. Again, we can expect this issue will not be finally and clearly adjudicated until SCOTUS makes a clear determination on the issues raised. Keep an eye on this issue for more in the future.