EEOC Proposes Eliminating EEO Reporting Requirements: What Employers Need to Know

Earlier this week, the Equal Employment Opportunity Commission (EEOC) voted 2-1 to publish a proposed rule that would eliminate the longstanding requirement for covered employers to file annual EEO reports, including the familiar EEO-1 Report.  The Commission’s proposal was published for public comment on July 23, 2026.

However, employers should understand that nothing has changed yet. The proposal is only the beginning of the federal rulemaking process, and existing reporting requirements remain in effect unless and until a final rule is issued.

What Would the Proposal Do?

The proposed rule would rescind the requirements for employers and other covered entities to submit workforce demographic reports to the EEOC, including:

• EEO-1 Reports for private employers and certain federal contractors
• EEO-2 Reports for apprenticeship programs
• EEO-3 Reports for labor organizations
• EEO-4 Reports for state and local governments
• EEO-5 Reports for public elementary and secondary school systems

Public Comment Period and Hearing

Members of the public can comment on the EEOC’s proposal through August 24, 2026. Comments can be submitted at https://www.regulations.gov, by fax to the EEOC at 202-663-4114, or by mail to the Commission’s Executive Officer at the EEOC’s headquarters location.

The commission will also hold a public hearing on the proposal on August 11, 2026 at 10:00 a.m.

Current Reporting Obligations Remain in Place

Although the proposal has generated considerable attention, employers should resist the urge to alter their compliance programs. The proposed rule has not yet been finalized, and covered employers remain subject to existing EEO reporting regulation. In addition, there may be litigation over the EEOC’s decision to end these reporting requirements, as there was in 2019 when a court ordered the EEOC to proceed with the pay data collection component of the EEO-1 reporting process.

Given this uncertainty, employers should:

• Monitor EEOC announcements regarding the proposed rule and the current EEO-1 filing cycle.
• Continue collecting workforce demographic data as required under current regulations.
• Stay current with the expanding patchwork of state obligations that require reporting of workforce demographic data.
• Maintain existing recordkeeping practices, which remain important for responding to EEOC investigations and other compliance obligations.

Looking Ahead

Berkshire Associates will continue monitoring developments, including the public comment process and any announcements regarding the next EEO-1 reporting cycle. We will provide timely updates as additional guidance becomes available so employers can make informed compliance decisions.