On June 24, 2026, the White House Office of Information and Regulatory Affairs (OIRA) approved, without change, the Equal Employment Opportunity Commission's (EEOC) Information Collection Request (ICR) for the Uniform Guidelines on Employee Selection Procedures (UGESP), extending the collection through June 30, 2029. For employers who may be re-evaluating data collection practices surrounding race/ethnicity and sex data of applicants and employees, the extension of these long-standing recordkeeping provisions emphasizes the continued importance of maintaining such records to demonstrate compliance with Title VII.
The now-approved ICR originated during the Biden Administration and was first published in the Federal Register for public comment on October 29, 2024, and again on January 6, 2025. Since then, the UGESP information request authorization was renewed for 30-day periods while OIRA reviewed the collection request. OIRA's recent approval extends OMB Control Number 3046-0017, which covers the information collection and recordkeeping provisions contained in UGESP, for the typical three-year period, or through June 30, 2029.
In the supporting statement accompanying the ICR, the EEOC explained that UGESP's recordkeeping and data collection provisions are used "by the federal agencies that issued UGESP in investigating, conciliating, and litigating charges or complaints of employment discrimination; by complainants in establishing violations of federal equal employment opportunity laws; and by respondents in defending against allegations of employment discrimination."
Perhaps the most notable aspect of the supporting statement is the EEOC's explicit discussion of demographic data collection. The agency states:
"In support of the UGESP requirements, the regulations require that employers collect and keep race, sex, and ethnicity information about each of their applicants."
The EEOC further explains why the data is necessary:
"This demographic data is necessary for covered employers to assure that they are complying with Title VII" and "by the federal agencies that enforce Title VII."
The supporting statement also reiterates guidance that many employers already incorporate into their self-identification processes.
According to the EEOC, "Employers should advise applicants that identification by race, gender and ethnicity is sought, not for employment decisions, but for recordkeeping in compliance with federal law." The agency further notes: "Self-identification forms should be kept separately from the employment application and must not be a basis for employment decisions. Self-identification is voluntary."
While the extension itself may appear administrative, it arrives at a time when employers are reevaluating diversity related programs and data collection practices while facing increased scrutiny of hiring and other selection practices from multiple directions. The EEOC's supporting statement reinforces that applicant race, ethnicity, and sex data continue to play a central role in both employer compliance efforts and federal enforcement activities. Organizations that discontinue applicant self-identification programs or fail to preserve sufficient applicant flow data may find themselves at a disadvantage when responding to agency investigations, defending employment decisions, or conducting privileged selection outcomes analyses. For employers seeking to reduce compliance risk, the extension is a timely opportunity to confirm that data collection and recordkeeping practices remain aligned with UGESP and Title VII requirements.