On May 14, 2026, the Equal Employment Opportunity Commission (EEOC) submitted a proposed rule to the Office of Information and Regulatory Affairs (OIRA) to rescind the requirement to file the EEO-1 report. Until the proposal is finalized, Berkshire recommends that employers continue with preparations to file the EEO-1 reports in 2026.
Currently, private-sector employers with 100 or more employees are required to file the EEO-1 report. Submitted annually, the EEO-1 report collects workforce race and sex information from employers. The proposed rule would also end the collection of EEO-2, EEO-3, EEO-4 and EEO-5 reports which requires filing of similar information by other types of employers, including unions and state and local governments.
Employers should not, however, assume that EEOC’s proposal means reporting will not be required this year, or even in future years. The EEOC’s proposal has to follow a series of steps before it can be finalized – including a public comment period. That process can take months, making it uncertain if any final decision could happen before the 2025 EEO-1 reports need to be filed.
Moreover, litigation could arise if the EEOC’s proposal is not consistent with the requirements of the Administrative Procedure Act (APA). Employers may recall a similar situation in 2019, when a court ordered the EEOC to proceed with Component 2 (the pay data collection component) of the EEO-1 reporting process. After the court order, employers had to scramble to file the required reports under a compressed timeline. This Administration is also well aware of the importance of following the APA’s requirements, particularly after its higher education admissions data collection initiative was paused earlier this year following a court’s determination that the survey was likely implemented in an arbitrary and capricious manner.
Given this uncertainty, employers do not want to be caught unprepared to file their EEO-1 report. Employers should continue to prepare their data, ensuring they have EEO-1 job category, race/ethnicity, sex, and establishment information for all employees.
Berkshire will continue to monitor developments related to the EEO-1 report filing. Subscribe to our blog to ensure you receive the latest updates.