Quick Hits

• The EEOC held a hearing that drew testimony from a broad range of stakeholders on the Commission’s proposal to rescind the EEO-1 through EEO-6 information collections and related recordkeeping and record preservation requirements.
• Both employer-side and employee-side speakers warned that eliminating standardized reporting may not reduce employers’ overall data obligations; the same information may still be sought through investigations, subpoenas, and litigation.
• Employer groups underscored that the proposal should not be read as a directive to stop lawful demographic-data analytics; the key compliance issue for employers is how workforce data is used, not whether it is collected.

Background: What the Proposal Would Change

The proposal, published in a notice of proposed rulemaking (NPRM) on July 23, 2026, would rescind the EEO-1, EEO-2, EEO-3, EEO-4, EEO-5, and EEO-6 reporting requirements, along with report-specific recordkeeping and record preservation requirements. The EEOC has argued that the reports are inconsistent with equal employment opportunity law, are not narrowly tailored, and may raise constitutional concerns because they could encourage unlawful race- or sex-based preferences, including quotas, in response to observed disparities.

For private employers, the principal change would be the elimination of the annual EEO-1 report, which currently applies to those with at least one hundred employees. The EEO-1 requires workforce demographic data by...

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