The following article first appeared in the Insights section of Littler Mendelson’s website. It is reposted here with permission.
On July 23, 2026, the Equal Employment Opportunity Commission published a proposed rule to rescind and remove the requirements for filing EEO-1 reports.
Those requirements currently apply to private employers with 100 or more employees and require the collection and reporting of workforce demographic data, including race, sex, and ethnicity.
Following the comment period and agency review, a final rule could be published at any time.
That leaves many employers with a practical question: with EEO-1 reporting poised to end, should employers continue collecting demographic data?
Here are several considerations.
First, employers should not stop collecting and maintaining demographic information until it is clear that EEO-1 reporting will no longer be required.
Legal challenges could delay or prevent the elimination of the requirements. And even if the rule ultimately takes effect, a future administration could revisit the issue.
Second, the Uniform Guidelines on Employee Selection Procedures remain in place. Although there is some question as to whether the Uniform Guidelines are mandatory or merely hortatory, they at least permit employers to continue to collect and analyze employee demographic data and they arguably require employers to continue to collect this data.
Third, employers must remain mindful of state reporting...
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