As the EEOC proposes to eliminate EEO-1 reporting requirements, employers face a critical decision about whether to continue collecting workforce demographic data. This analysis examines the legal, practical, and strategic considerations that should inform this choice, including state-level obligations, discrimination prevention benefits, and the ongoing role of statistical evidence in employment litigation.
United States Employment and HR
With EEO-1 reporting poised to end, should employers continue to collect EEO data?
On July 23, 2026, the EEOC 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. The public now has until August 24 to comment on the proposal. 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.
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