• The EEOC has proposed rescinding federal EEO reporting requirements, including mandatory annual EEO-1 filings.
• As of the publication date of this article, the proposed rule has not yet been formally published in the Federal Register and remains subject to public comment.
• Current reporting obligations remain in effect unless and until the EEOC issues a final rule; the EEOC would retain authority to seek relevant records during investigations.

The NPRM, titled, “Removal of Reporting Requirements,” seeks to rescind and remove the requirements to file EEO reports, specifically the filing of EEO-1, EEO-2, EEO-3, EEO-4, EEO-5, and EEO-6 reports and the report-specific recordkeeping and record preservation requirements. The Commission also states that it intends to incorporate previously proposed references to the Pregnant Workers Fairness Act (PWFA) into 29 CFR Part 1602 as part of any final rule issued at the conclusion of this rulemaking.

According to the NPRM, the EEOC “has preliminarily determined that the reports are inconsistent with equal employment opportunity law and potentially unconstitutional” and that “the data collected is not narrowly tailored, is unnecessary to enforce anti-discrimination laws, and at a minimum, that any marginal benefits are outweighed by the substantial burdens imposed on both employers … as well as the Commission.”

The EEOC unveiled the NPRM shortly after a public meeting during which the Commission voted 2–1 to move forward with the...

Read Full Story: https://news.google.com/rss/articles/CBMiugFBVV95cUxOaGo0MFJya3YzQUZQYmZlaHB6...