EEOC Proposes Eliminating EEO-1 Reporting: What Employers Should Do Now

As previously reported, the Equal Employment Opportunity Commission (EEOC) has taken formal steps toward eliminating the EEO-1 reporting requirement, along with the EEO-2, EEO-3, EEO-4, EEO-5, EEO-6 reports and reporting requirement Under Title VII, the ADA, GINA, and the PWFA. The agency has also proposed eliminating certain recordkeeping requirements that exist specifically to support those reports.

The EEOC states that it has preliminarily determined that the reports are unnecessary for enforcement, impose substantial administrative burdens, and may raise legal and constitutional concerns. However, this remains a proposed rule and does not immediately change employers’ reporting or recordkeeping obligations. The existing regulations remain in effect unless and until the EEOC publishes a final rule and that rule becomes effective.

Public Hearing and Comment Period

The EEOC will hold an in-person public hearing on August 11, 2026, at 10:00 a.m. at:

U.S. Equal Employment Opportunity Commission
Jacqueline A. Berrien Training Center
131 M Street NE
Washington, DC 20507

Employers and other interested parties that wish to testify must submit a written request by August 7, 2026. Requests may be submitted through Regulations.gov by searching for the EEOC and RIN 3046-AB37. The notice lists an in-person hearing but does not announce a virtual attendance option. Employers planning to attend should monitor the rulemaking docket for any additional instructions.

Written comments are due by August 24, 2026, and may also be submitted through Regulations.gov. Comments will generally be posted publicly, so employers should not include confidential business information, employee data, or personally identifiable information in their submissions.

Questions Remain About 2025 EEO-1 Reporting

The EEOC has not announced an opening date or filing period for the collection of 2025 EEO-1 Component 1 data. Its data collection webpage states that updates will be provided as they become available, while continuing to describe the EEO-1 Component 1 report as a mandatory annual collection. The EEO-1 filing system, which is usually available to employers year-round for accessing historical reports, continues to display a “Not Found” message, possibly indicating a change to the reporting process.

The proposal also does not explain how a final rule would affect reporting obligations associated with 2025 workforce data or whether the rescission would apply retroactively.

If the EEOC does not open the 2025 collection while the current regulations remain in effect, questions may arise regarding the agency’s legal basis for not administering a requirement that has not yet been formally rescinded. The proposal does not resolve that issue.

Accordingly, it is premature for covered employers to conclude that they will have no obligation to report 2025 data. Employers should remain prepared to file unless the EEOC issues clear guidance or a final rule becomes effective before the filing obligation arises.

What Is Happening With the Recordkeeping Requirements?

The proposal’s reference to eliminating “recordkeeping and record preservation requirements” may create the impression that the EEOC intends to eliminate most employment record retention obligations. That is not what the proposed rule would do.

What the Proposal Would Eliminate

The EEOC proposes removing recordkeeping provisions that exist specifically to support the six EEO reports. This includes requirements to make, categorize, or preserve certain demographic information solely for preparing those reports.

The proposal would also narrow apprenticeship recordkeeping requirements to the minimum required by Title VII, including maintaining a chronological list of applicants or dated applications, without the current race- and sex-based categorization requirements.

What Would Remain

The EEOC’s broader employment record preservation requirements would remain substantively unchanged.

For most private employers, personnel and employment records generally must continue to be preserved for at least one year from the date the record was created, or the related personnel action occurred, whichever is later. These records may include applications, accommodation requests, hiring and promotion records, compensation information, disciplinary documentation, termination records, and materials concerning selection for training or apprenticeship.

When an EEOC charge or covered lawsuit is filed, employers must preserve relevant records until the matter reaches final disposition. This may include records concerning the individual bringing the claim, similarly situated employees, applicants for the same or comparable positions, test results, compensation information, and documentation supporting the employment decision.

Federal contractors and subcontractors using these records for ongoing affirmative action compliance are subject to a longer record retention period, as are employers subject to other federal and state laws with longer retention periods. Employers should apply the longest applicable period and should not revise their record-retention schedules solely because of this proposal.

Why Employers May Still Need Demographic Data

Even if the EEOC eliminates the federal reports, employers should not assume that they may stop collecting demographic information or delete previously collected data.

Demographic data may be important when evaluating or responding to discrimination claims involving hiring, promotion, compensation, discipline, termination, or other employment practices. Without reliable data, employers may have difficulty determining whether a practice disproportionately affected a protected group or responding to an agency request for comparative information.

The proposal also would not rescind the Uniform Guidelines on Employee Selection Procedures. Those guidelines separately require certain employers and other users of selection procedures to maintain information showing their impact by race, sex, and ethnic group and to safeguard that information against improper use.

State Reporting Requirements

Eliminating the federal EEO-1 report would not eliminate independent state reporting requirements.

California requires covered private employers to submit annual pay and workforce demographic data, while Illinois requires covered businesses with at least 100 Illinois employees to report demographic and wage information through its Equal Pay Registration Certificate program. Massachusetts also requires certain employers with at least 100 employees in the Commonwealth to submit their EEO-1 report to the state annually. Because the Massachusetts requirement is tied to federal EEO-1 filing obligations, employers should monitor state guidance rather than assume the obligation would automatically end if the federal report is eliminated.

Colorado’s new requirement further demonstrates why multistate employers should not dismantle their demographic-data collection systems based solely on the federal proposal. Beginning July 1, 2027, private entities doing business in Colorado with 100 or more workers must report EEO-1 demographic workforce data to the Colorado Secretary of State, even if the federal government repeals or discontinues the EEO-1 requirement.

If the federal proposal is finalized, other states may adopt similar reporting obligations. This could create a more fragmented compliance landscape and make the continued collection, maintenance, and review of accurate demographic data increasingly important.

Federal Contractor Requirements

Eliminating the EEO-1 report would not eliminate separate obligations for covered federal contractors and subcontractors. Depending on their coverage, contractors may still need to collect and maintain demographic, disability, and veteran information to comply with ongoing Federal affirmative action requirements.

Covered federal contractors and subcontractors should separately evaluate their obligations under the Vietnam Era Veterans’ Readjustment Assistance Act, Section 503 of the Rehabilitation Act, FAR 52.222-90, and other applicable contract requirements. For example, qualifying federal contractors and subcontractors remain subject to annual VETS-4212 reporting. Reports generally must be filed between August 1 and September 30 each year.

Next Steps for Employers

• Remain Prepared to File. Continue gathering and reviewing the workforce information needed for a potential 2025 EEO-1 submission. Until the EEOC provides clear guidance or a final rule takes effect, covered employers should not assume the filing obligation has ended.

• Continue Self-Identification and Job Categorization. Continue offering voluntary race, ethnicity, and sex self-identification opportunities at time of hire. Employers should also maintain accurate classifications within the 10 EEO-1 job categories and keep that information current in their human resources information system.

• Separate Reporting From Recordkeeping. Identify which records are maintained solely to prepare an EEO report and which remain necessary for general employment record retention, state reporting, federal contractor compliance, adverse impact analysis, pay equity reviews, or responding to discrimination claims.

• Review Other Filing Obligations. Determine whether the organization is subject to California, Colorado, Illinois, or Massachusetts workforce-data requirements; contractor-specific requirements in Minnesota or New Jersey; or annual VETS-4212 reporting. Confirm applicable thresholds, filing cycles, and outstanding submissions rather than assuming that eliminating the federal EEO-1 report would end these obligations. HR Works can assist you with this as needed.

• Protect Employee Information. Maintain demographic information separately from employment decision-makers when appropriate, restrict access, and use reasonable privacy and data security safeguards.

• Participate and Monitor. Consider submitting comments by August 24, 2026, or requesting an opportunity to testify by August 7, 2026. Continue monitoring EEOC announcements regarding the proposed rescission and the 2025 EEO-1 filing cycle.

How HR Works Can Help

HR Works will continue to monitor the proposal and provide updates as additional information becomes available.

HR Works can assist employers with identifying applicable reporting obligations, reviewing workforce data, assigning EEO job categories, and preparing required submissions at federal, state, and local levels. Employers that need assistance understanding which requirements apply, gathering the necessary data, or completing reports should contact HR Works here.