EEO-1 Reporting At An End? EEOC’s Proposed Rule Would Halt Decades Of Workforce Data Collection

On May 14, 2026, the U.S. Equal Employment Opportunity Commission (“EEOC”) submitted a proposed rule to the Office of Management and Budget’s Office of Information and Regulatory Affairs (“OIRA”) titled “Rescission of EEO-1, EEO-3, EEO-4, EEO-5, and Reporting Requirements Under Title VII, the ADA, GINA, and the PWFA.” If finalized, the proposed rule would end employers’ decades-long obligation to submit annual workforce demographic data to the EEOC.

Background: EEO-1 Reporting Requirements

Since 1966, the EEOC has required certain private-sector employers to submit annual EEO-1 reports. The EEO-1 reports contain workforce demographic data, including the race, ethnicity, and sex of employees across specified job categories. Private-sector employers with 100 or more employees and federal contractors with more than 50 employees must file EEO-1 reports annually.

In addition to EEO-1 reports, the EEOC collects demographic data through several related instruments. EEO-3 reports require local referral unions with 100 or more members to report on the demographics of their membership and applicants every two years. EEO-4 and EEO-5 reports require state and local governments and public schools, respectively, to submit similar demographic data every two years.

The information gathered through these reports serves three primary functions: (1) enforcement of federal anti-discrimination laws; (2) employer self-assessment of workforce composition; and (3) research.

The Proposed Rule

The proposed rule, submitted to the OIRA for review, would rescind the regulatory provisions requiring employers, unions, and public entities to submit EEO-1, EEO-3, EEO-4, and EEO-5 reports. If finalized, private-sector employers and federal contractors would no longer be required to file annual workforce demographic reports with the EEOC, and the corresponding obligations for unions, state and local governments, and public schools would likewise be eliminated.

What Happens Next

The proposed rule is currently under review by OIRA. Once OIRA review is complete, the EEOC will publish the proposed rule in the Federal Register, which will trigger a public comment period during which employers, advocacy organizations, and other interested parties may submit written comments. After the comment period closes, the EEOC will review the submissions and may revise the proposed rule before issuing a final rule. The timeline for finalization remains uncertain.

Employer Takeaways

1. Do not stop filing EEO-1 reports. The proposed rule has not been finalized, and existing reporting obligations remain in effect unless and until a final rule is published and takes effect. Employers should continue to comply with current EEO-1 filing requirements and applicable deadlines.
2. Monitor the rulemaking process. The proposed rule is subject to public comment and potential revision. Employers should track developments as the rule moves through the notice-and-comment process, as the final rule may differ materially from the proposal.
3. Assess state and local reporting obligations. Even if the proposed rule is finalized and federal EEO-1 reporting requirements are halted, employers may remain subject to state or local workforce demographic reporting mandates. Several jurisdictions have enacted or are considering their own pay data and demographic reporting requirements that operate independently of the federal EEO-1 framework. Employers should evaluate their obligations at the state and local level to ensure continued compliance.
4. Consider participating in the public comment process. Employers and industry groups with views on the proposed rescission should consider submitting comments during the public comment period. Comments that address the practical impact of EEO-1 reporting on business operations may inform the EEOC’s final determination.
5. Engage counsel. Employers with questions about the impact of the proposed rule on their reporting obligations, or who wish to participate in the comment process, should consult with experienced employment counsel. Sheppard’s Labor and Employment team is closely monitoring this rulemaking and is available to assist with compliance assessments and comment submissions.

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