On May 14, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) submitted a proposed rule to the Office of Information and Regulatory Affairs (OIRA) seeking to rescind EEO-1 reporting requirements, along with several other federal equal employment opportunity data collection obligations. While the proposal has generated significant attention, EEO-1 reporting requirements remain in effect for now.
For the past 60 years, private employers with 100 or more employees and certain federal contractors with at least 50 employees have been required to file the annual EEO-1 Report (Standard Form 100). The report collects workforce demographic data by job category, race/ethnicity, and sex and has long been used by the EEOC as a tool to identify potential patterns of discrimination.
The EEOC’s proposal, titled Rescission of EEO-1, EEO-2, EEO-3, EEO-4, EEO-5, and Reporting Requirement Under Title VII, the ADA, GINA, and the PWFA, is currently under review by OIRA. At this stage, there is little publicly available information regarding the substance of the proposal beyond its title. However, it appears the agency is pursuing a significant rollback of federal workforce demographic reporting requirements, consistent with broader efforts to reduce employer reporting obligations.
Although the conventional wisdom is that EEO-1 reporting ultimately may be eliminated, the process is still in its early stages. OIRA must complete its review before the proposal can be published in the Federal Register. Once published, the proposal will be subject to public comment, after which the EEOC must consider those comments and potentially revise the rule before issuing a final regulation. This process could take several months and may face legal challenges.
As a result, employers should not assume that EEO-1 reporting obligations have changed. Even if the EEOC attempts to suspend or cancel the upcoming reporting cycle, litigation could follow. This uncertainty is reflected in the EEOC’s communications. The agency has closed the 2024 EEO-1 collection but has yet to announce an opening date or filing deadline for the 2025 reporting cycle. The absence of a reporting schedule should not be interpreted as a repeal of the requirement.
For employers, the most prudent approach is to continue preparing for a 2025 filing, and to maintain tracking processes currently in place unless or until there is a definitive regulatory change. In addition, any changes that may be made to EEO-1 reporting requirements would not affect any state reporting requirements.
Employers also should remember that eliminating EEO-1 reporting would affect only a compliance reporting process, not the underlying employment laws. Federal and state anti-discrimination obligations would remain in force, and employers still would be expected to make lawful employment decisions and maintain appropriate workforce data to respond to agency inquiries, audits, or litigation.
The key takeaway for HR professionals and business leaders is simple: this is a developing issue, not a completed change. Employers should consult with experienced human resources professionals and/or labor and employment counsel with any questions regarding these developments and any required changes to employer policies and practices. For all MEA members, the Hotline is available to provide this assistance. For MEA Essential and Premier members, a Member Legal Services attorney is available for additional consultation.
*This Alert is provided for general informational purposes only and does not constitute legal advice.
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