The U.S. Equal Employment Opportunity Commission (EEOC) announced on July 21, 2026, that it voted to issue a notice of proposed rulemaking that would eliminate the EEO-1 and other federal race- and sex-based workforce reporting requirements. If finalized, the proposed rule would rescind the requirements for covered entities to file EEO-1, EEO-2, EEO-3, EEO-4, EEO-5, and EEO-6 reports (collectively, the EEO Data Reports) and would eliminate the recordkeeping and record-preservation obligations specifically associated with those reports.
The EEO-1 reporting requirement, first adopted in 1966, currently applies to private employers with at least 100 employees. The remaining reporting requirements apply to certain apprenticeship programs, labor organizations, state and local governments, elementary and secondary school systems, and institutions of higher education.
Title VII of the Civil Rights Act of 1964 authorizes, but does not require, the EEOC to prescribe reports that it determines are “reasonable, necessary, or appropriate” for enforcing the statute. The Commission has now preliminarily concluded that the EEO Data Reports no longer satisfy that standard. According to the proposed rule, the reports are “inconsistent with equal employment opportunity law and potentially unconstitutional,” are not narrowly tailored to the EEOC’s enforcement needs, and may encourage employers to focus improperly on workforce demographics.
The Commission also questioned the reports’...
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