On July 23, the U.S. Equal Employment Opportunity Commission published a proposed rule to rescind regulations requiring EEO-1 Component 1 reports and other workforce demographic reports and related recordkeeping.[1]
The public comment period closed on Aug. 24, generating more than 2,800 comments. The EEOC is now reviewing this feedback as it considers whether — and in what form — to issue a final rule.
Employers should keep in mind that the proposed rule is not yet final, so EEO-1 compliance obligations remain in effect, and additional state and local demographic reporting requirements may apply independently of federal law. Nonetheless, employers that are voluntarily collecting demographic data should implement safeguards to minimize legal risk.
The Elements of an EEO-1
EEO-1s are — at least for now — forms that disclose workforce demographic data to the EEOC. Private sector employers with 100 or more employees and federal contractors with 50 or more employees have long been required to collect demographic information for EEO-1s and submit them annually. Such information
includes the number of employees by job category — such as managers or laborers — race or ethnicity, and sex.
EEO-1s also impose recordkeeping requirements to maintain demographic data in the event of an investigation. Historically, the EEOC enforced these obligations and collected this data to help identify potential employment discrimination.
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