On May 14, 2026, the federal Equal Employment Opportunity Commission (“EEOC”) submitted a request to rescind the demographic reporting obligations of large employers in the U.S. The “Pending EO 12866 Regulatory Review” notice (“Regulatory Review Notice”) which can be found here, states that the request is for the “Rescission of EEO-1, EEO-2, EEO-3, EEO-4. EEO-5, And Reporting Requirement Under Title VII, the ADA, GINA, and the PWFA.”
What does this mean?
Annually, private employers with 100+ employees must file an EEO‑1 Report (Form 100) with the EEOC that provides certain demographic information regarding the employer’s workforce headcount by job category, race/ethnicity, and sex. Under the relevant statute, and implementing regulations, the purpose of the EEO-1 Report is to enable the EEOC to identify systemic discrimination patterns and perform target enforcement and investigations to address and stop discrimination in the workplace.
Why is the EEOC seeking a rescission of EEO-1 reporting requirements?
The Regulatory Review Notice does not state the reason for the requested recission. However, an earlier 2025 message from Andrea Lucas, the Chair of the EEOC, sheds some light on the EEOC’s position that employers may be using demographic information from their EEO-1 Reports to help with diversity in their workplace. In her message, Ms. Lucas said, in part:
“Your company or organization may not use information about your employees’ race/ethnicity or sex—including...
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