EEOC Proposes Rule to Eliminate Mandatory EEO-1 Reporting
Private employers and in-house employment counsel must monitor this EEOC rulemaking proposal, as it would eliminate long-standing mandatory EEO-1 workforce demographic reporting requirements if finalized.
On July 21, 2026, the EEOC issued a proposed rule to rescind regulations mandating EEO-1 through EEO-6 workforce demographic reporting, as well as recordkeeping rules tied specifically to preparing those reports. Current EEO-1 compliance obligations remain fully in effect until a final rule is adopted, so employers should not adjust existing demographic data collection or recordkeeping practices based solely on the proposal. Even if finalized, broader personnel record retention requirements for employment claims will still apply, and many employers may still be subject to state or local demographic reporting mandates. In-house counsel should track the rulemaking process and review overlapping jurisdictional compliance requirements.