D.C. Circuit Mulls Dismissal of Gender Pay Reporting Appeal (1)

The D.C. Circuit appeared open to dismissing the government’s appeal in a case that challenges the revival of a landmark collection of U.S. worker pay data by gender and race, if a lower court resolves how many employers must still turn over pay data to the Equal Employment Opportunity Commission.

Allowing the unresolved issues to play out in the district court could be a solution, an attorney arguing on behalf of the EEOC and the White House said, though the issue of the appeal becoming moot hasn’t been formally explored in briefs to the appeals court.

A three-judge panel of ...