The EEOC recently voted to approve a plan to rescind the requirement that large employers share data about the race and gender of their workforce with the federal agency. The plan proposes the elimination of the required submission of EEO-1 forms for employers with 100 or more employees, as well as contractors with at least 50 workers. In addition to the rescission of EEO-1 forms, the EEOC’s plan would also rescind EEO-2, EEO-3, EEO-4 and EEO-5 reporting disclosures on race and sex demographics, which apply to unions, state and local entities, and public schools, respectively. Under the proposal, the Commission retains the authority to request demographic information in narrower contexts in connection with investigations and enforcement actions.
Following the vote of approval, the plan was published in the Federal Register to allow for a 30-day public comment period. Comments regarding the proposal must be received by the Commission on or before August 24, 2026. A public hearing is scheduled for August 11, 2026.
The EEOC argues that the 60-year-old mandated reporting of race and sex data, collected without connection to discrimination charges, constitutes government-compelled racial classifications, raising constitutional concerns under the Equal Protection Clause, and promotes stereotyping. According to the Commission Chair, Andrea Lucas, the EEO-1 reporting requirements could encourage...
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