EEO-1 Reporting May Be on Its Way Out–But the Data Still Matters

The EEOC is moving toward eliminating annual EEO-1 reporting, but employers should not start discarding demographic data just yet.

On July 21, 2026, the Commission voted 2–1 to propose rescinding the EEO-1 and related reporting requirements. Most witnesses at its August 11 public hearing opposed the proposal, arguing that the reports help identify patterns of workplace discrimination. The Commission will accept written comments through August 24 before deciding whether to issue a final rule.

If the proposal becomes final, it would remove a significant administrative burden. It would not, however, change Title VII or other federal laws prohibiting employment discrimination. The EEOC could still request workforce information when investigating a charge, and employers may have separate obligations under state or local law.

There are practical reasons to retain the data as well. Reliable demographic data can help an employer evaluate whether its hiring, promotion, compensation, or reduction-in-force practices are producing unexpected disparities. Any such review should be thoughtfully structured–ideally with counsel–and the data should be kept separate from day-to-day employment decisions.

The bottom line: Employers should continue complying with current EEO-1 reporting requirements while the proposal is pending. If the rule is ultimately eliminated, that will be the appropriate time to reassess–not automatically abandon–their data collection and retention practices.