FTA Withdraws EEO Reporting Guidance, Reducing Administrative Burden for Transit Agencies

On May 20, 2026, the Federal Transit Administration (FTA) officially withdrew Circular 4704.1A, Equal Employment Opportunity (EEO) Requirements and Guidelines for Federal Transit Administration Recipients. The action, announced through Federal Register Notice 2026-10103, eliminated a long-standing requirement for certain transit agencies to submit Equal Employment Opportunity program documentation to the FTA.

What Changes?

The most immediate impact is that transit agencies will no longer be required to submit EEO program documentation to the FTA.

This means:

• No future four-year EEO program submissions to FTA
• No FTA review and approval of agency EEO plans
• No oversight of EEO program submissions through FTA's Comprehensive Oversight Review process
• Removal of related administrative reporting requirements associated with Circular 4704.1A

What Does Not Change?

While the withdrawal of Circular 4704.1A removes certain reporting requirements to the FTA, it is important to understand that the underlying federal nondiscrimination obligations remain fully in effect.

All FTA recipients must continue to comply with applicable federal civil rights laws and regulations, including:

• Title VI of the Civil Rights Act of 1964
• Title VII of the Civil Rights Act of 1964
• Title II of the Genetic Information Nondiscrimination Act (GINA)
• 49 U.S.C. Chapter 53
• DOT civil rights regulations in 49 CFR Part 21
• Other applicable federal nondiscrimination statutes

Looking Ahead

While transit agencies may welcome the reduction in administrative workload, they should not interpret the change as a relaxation of nondiscrimination standards.

Employment discrimination laws remain enforceable through the EEOC, DOJ, and other federal authorities. Transit agencies should continue maintaining robust equal employment opportunity practices, internal policies, training programs, and documentation necessary to demonstrate compliance with applicable federal laws.

Berkshire recommends that transit employers continue to evaluate their employment practices through workforce analytics. Please reach out if you need any assistance.