EEOC Proposes to Rescind EEO Reporting Requirements

July 21, 2026

What's New

The Equal Employment Opportunity Commission (EEOC) has published a Notice of Proposed Rulemaking (NPRM) to rescind the requirement that employers file the annual Employer Information (EEO-1) Report. The NPRM would also rescind similar reporting requirements that apply to labor unions, state and local governments, and certain public schools. The EEOC’s proposal was posted shortly after a public meeting on the same topic, during which the EEOC commissioners voted 2-1 to approve the NPRM. Once published in the Federal Register, interested stakeholders will have 30 days to submit comments.

What It Means

According to the NPRM, the EEOC is concerned that the EEO-1 “may be encouraging employers to discriminate against employees who are not considered ‘minorities,’ promoting racial stereotyping, and encouraging employers to engage in discrimination to avoid potential EEOC enforcement actions or to address perceived inequitable outcomes.”

While any final action remains months away, if not longer, the NPRM represents the first step toward significant changes to longstanding workforce data reporting obligations. If implemented, the proposal would also eliminate one of the federal regulatory requirements that employers solicit race, ethnicity, and sex data from employees.

There is no immediate impact to state and local reporting requirements, nor data collections from other federal agencies.

What You Should Do

Unless and until the EEOC’s proposal becomes final, employers should not assume data collection obligations have changed. CWC will be scheduling a member roundtable to discuss the contents of the NPRM and next steps.

RELATED CONTENT

Subscribe to CWC's Updates and Events

CLICK TO SIGN UP