Since 1966, employers with more than 100 employees and certain federal contractors with more than 50 employees have been required by the Equal Employment Opportunity Commission (“EEOC”) to annually report data about the demographics of their workforce, specifically disclosing statistics reflecting the racial, ethnic and gender composition of their workforce. Receiving this information directly from employers historically has aided the EEOC in investigating complaints of employment discrimination filed with the agency and in its assessment of potentially discriminatory trends in certain industries or regions. Some state agencies have created functionally similar forms for smaller employers to report the same demographic information, with some categorically requiring submissions akin to the EEOC while others request the information only when investigating complaints.

However, after sixty years of EEO-1 reporting, EEO-1s may be on track to become a thing of the past at the federal level. In addition to its use in discrimination investigations and employment trends analysis, demographic data like that reported on EEO-1s can be utilized for diversity, equity and inclusion (DEI) purposes. The Trump Administration has made elimination of DEI initiatives in employment a priority item. See. e.g., here. Consistent with that agenda item, the EEOC recently proposed a plan that would rescind the federal regulations mandating EEO-1 data collection and reporting. This plan also would...

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