The EEOC submitted a proposed rule to rescind EEO-1 demographic reporting requirements, which would end six decades of mandatory federal workforce demographic reporting for large employers.
The bottom line: Employers may still have to submit data for 2026 and are still subject to similar reporting requirements at the state level.
What this means: Employers would no longer have to file annual EEO-1, EEO-2, EEO-3, EEO-4, and EEO-5 reports with the Equal Employment Opportunity Commission (EEOC). The rule itself is currently under review at the White House and not yet public. After review, it is subject to a 60-day comment period.
Employers may still have to report for 2026: The above process could take several months to complete, meaning that a final rule rescinding reporting requirements may not be effective ahead of the September 30th deadline to submit 2026 EEO-1 reports.
State requirements, investors, and future EEOC activity: Should the EEOC succeed in rescinding all federal reporting requirements, employers will still need to collect and report demographic data.
California, Illinois, Massachusetts, and New York City all currently require large employers to file similar demographic data reports (as well as pay equity data). Other states are likely to follow, especially to fill the potential void left by the EEOC.
CHRO considerations:
- Review whether your organization is subject to state reporting requirements.
- Continue to prepare to file EEO-1 reports for 2026 as the final rule may take time.
- Consider the merits and risks of continued data collection. EEOC Chair Lucas has already expressed skepticism over the need (or legality) of sharing demographics data.
- A future Democratic EEOC may restore reporting requirements.
- We will report if/when a proposed rule is published.
