A federal appeals court on Friday questioned whether there was anything left to resolve in the U.S. Justice Department’s challenge to an order that required the U.S. Equal Employment Opportunity Commission to revive a rule requiring companies to broaden their disclosure of workplace compensation data.

The EEOC moved forward in implementing the Obama-era rule last year as the Justice Department’s case in the U.S. Court of Appeals for the D.C. Circuit progressed. The EEOC had made it clear to affected companies that submitting pay data based on gender and race, as the new rule required, was still necessary despite the government’s ongoing appeal.

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