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POLAK v. VIRGINIA DEP'T OF ENVIRONMENTAL QUALITY

No. 21-1848.

57 F.4th 426 (2023)

Elizabeth POLAK, individually and on behalf of persons similarly situated, Plaintiff-Appellant, and Debra Trent; Nicole Tilley; Lynne E. Smith; Cassaundra M. Porter; Leann K. Moran, individually and on behalf of persons similarly situated; Valerie McGee; Sarah T. Long; Lauren Linville; Sheryl A. Kattan, individually and on behalf of persons similarly situated; Robina F. Jordan; Rebecca Sue Hines; Karen Haley-Wingate; Marybeth M. Glaser; Cassandra Frysinger; Heather Z. Evans; June R. Erwin; Lisa A. Ellis; Pamela Derk; D. Laura Corl; Rosalind A. Chaplin; Brenda L. Brown; Betsy K. Bowles; Sharon Allen; Joy D. Abel; Elizabeth C. Abe, individually and on behalf of persons similarly situated, Plaintiffs, v. VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY, Defendant-Appellee, and Virginia Department of Human Resource Management, VDHRM/Commonwealth of Virginia, Party-in-Interest.

United States Court of Appeals, Fourth Circuit.

Decided: January 17, 2023.

Attorney(s) appearing for the Case

ARGUED: Tim Schulte , SHELLEY CUPP SCHULTE, P.C., Richmond, Virginia, for Appellant. Brian Garth Muse , SANDS ANDERSON, PC, Richmond, Virginia, for Appellee. ON BRIEF: Sydney E. Rab , SYDNEY E. RAB LAW FIRM, Richmond, Virginia; Timothy E. Cupp , SHELLEY CUPP SCHULTE, P.C., Harrisonburg, Virginia, for Appellant. Michelle S. Kallen , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia; Wade T. Anderson , SANDS ANDERSON, PC, Richmond, Virginia, for Appellee.

Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge Diaz and Judge Rushing joined.

Elizabeth Polak, a longtime employee of the Virginia Department of Environmental Quality ("DEQ"), commenced this action against DEQ, claiming that it paid her less than it paid a male employee with the same position doing equal work, in violation of the Equal Pay Act.

The district court entered summary judgment against...

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