The Virginia Department of Environmental Quality’s victory in a pay bias suit brought by a female coastal planner, was upheld Tuesday by a US appeals court which said she lacked evidence that the higher-paid male co-worker she cited as proof performed “virtually identical” work.

The US Court of Appeals for the Fourth Circuit said the standard for establishing under the Equal Pay Act that workers of opposite sexes perform equal work on jobs requiring equal effort, skill, and responsibility is a “demanding” one. The work must be virtually identical or substantially equal, it said.

Elizabeth Polak failed to make that ...

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