On July 21, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted to approve a proposed rule which would rescind a series of agency demographic reporting requirements, most notably the EEO-1 Form, which private employers of 100 or more employees have been required to file for decades. The agency also proposed to repeal similar requirements for unions (the EEO-3 report), state and local governments (EEO-4), public-school systems (EEO-5), and institutions of higher education (EEO-6) (collectively, the “EEO Reports”). Finally, EEOC has proposed rescinding the related recordkeeping and record preservation requirements supporting these reports. The proposal is expected to be published in the Federal Register shortly for starting a 30-day public comment period. After that, EEOC will review and consider the comments submitted and adopt a final rule.
In general, the EEO-1 reports require employers to submit aggregated demographic information regarding their workforce broken down by establishment and one of the ten EEO-1 job categories. Historically, EEOC has maintained that these reports assist the agency in its enforcement of civil rights laws, as well as employer self-assessment of their own workforce composition.
In support of the proposed rescission, EEOC Chair Andrea Lucas (R) offered three justifications: first, that the collection of demographic information relating to sex and race may have the unintended consequence of leading employers to engage in unlawful...
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