EEOC’s EEO-1 reporting requirements likely to end

On July 23, 2026, the Equal Employment Opportunity Commission (EEOC) issued a proposed rule to rescind and remove the regulation that requires employers with more than 100 employees and most federal contractors with at least 50 employees to file an annual demographic job category report identifying employer workforces by race, gender, and ethnicity, known as the EEO-1 report. 

Background

The EEO-1 reporting requirements were established by regulation in 1966 and were expanded over time to include more extensive reporting (EEO-2 to EEO-9). The reporting requirements were established by EEOC regulations, voluntarily established by the agency, and not required by federal statute.

The Federal Register proposal summary explains that the EEOC “has preliminarily determined that the reports are inconsistent with equal employment opportunity law and potentially unconstitutional. It further finds the data collected is not narrowly tailored, is unnecessary to enforce anti-discrimination laws, and at a minimum, that any marginal benefits are outweighed by the substantial burdens imposed on employers . . . regardless of any specific allegations or indication of potential violation [of law].”