EEO-1 Reporting Likely to End

Author: Emily Scace, Brightmine Senior Legal Editor

July 21, 2026

A longstanding data-reporting requirement may soon be a thing of the past. The Equal Employment Opportunity Commission (EEOC) today announced a proposed rule that would eliminate the annual collection of employee demographic data commonly known as EEO-1 reporting.

Currently, private employers with 100 or more employers and certain federal contractors are required to file an Employer Information Report (more commonly known as the EEO-1 Report) each year using the EEOC's online reporting portal. The EEO-1 report contains information about the sex, race and ethnicity composition of an employer's workforce by job category.

Other categories of organizations, such as joint labor-management committees that control apprenticeship programs, local unions, state and local governments, public school systems and higher education institutions are subject to similar requirements known as EEO-2, EEO-3, EEO-4, EEO-5 and EEO-6.

If finalized, the EEOC's proposal would end all of these data collections. Because the EEOC has not opened its data collection for 2026 (covering calendar year 2025), it is likely that employers will not be required to submit data this year while the proposal is under consideration.

Data collected through the EEO-1 reporting process has been used to identify patterns and track progress toward eliminating unlawful discrimination. But according to the EEOC, which voted 2-1 to eliminate the requirements, the reports "are inconsistent with equal employment opportunity law, may raise constitutional concerns, and collect data that is not narrowly tailored or necessary to enforce anti-discrimination statutes." In addition, the agency stated that "any limited value of the reports is outweighed by the significant burdens they impose on employers and on the Commission." The EEOC estimates that the current reporting requirements cost employers nearly $275 million, in addition to almost $4 million in costs for the EEOC to administer the data collection.

In anticipation of the federal rollback, some states have begun to implement their own equivalent reporting requirements. A Massachusetts law requiring state-level EEO reporting took effect in 2025, and a similar Colorado law takes effect July 1, 2027. California and Illinois both require employers to submit information about employee demographics and pay levels.

The Notice of Proposed Rulemaking (NPRM) is open for public comment until August 24, 2026. A public hearing will be held August 11, 2026.