On May 14, 2026, the Equal Employment Opportunity Commission (EEOC) submitted a proposed rule to the Office of Information and Regulatory Affairs (OIRA) to end mandatory EEO-1 reporting requirements under Title VII for (a) private sector employers with 100 or more employees and (b) federal contractors with more than 50 employees. Details of the changes to EEO-1 reporting will not be published until OIRA completes its review, but employers may prepare for the likely changes now.
Current EEO-1 Reporting Requirements
EEO-1s are data collection forms that require private sector employers with 100 or more employees and federal contractors with more than 50 employees to disclose workforce demographic data to the EEOC. Employers must list the number of employees by job category (officials/managers, professionals, laborers, etc.), race or ethnicity, and gender. Each employee may be included in only one category, and employers may be reprimanded by the EEOC for noncompliance.
EEO-1s also impose recordkeeping requirements to maintain demographic data in the event of an investigation. The EEOC imposes these requirements and collects this data to help identify potential employment discrimination.
Additionally, while EEO-1s are a federal requirement, state and local jurisdictions may have similar disclosure requirements. For example, California, Illinois, and Massachusetts have reporting requirements that require large employers to disclose race or ethnicity and gender data (and some...
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