The EEOC recently submitted a plan to the White House to eliminate annual employer reporting requirements — including the EEO-1 Report, which has been required since 1966. If finalized, the change would also scrap similar reports for local unions, state and local governments, and public schools.
Currently, private employers with 100 or more employees must submit race, ethnicity, sex, and job category data annually by location. Federal contractors with 50 or more employees have the same obligation.
The proposal follows pressure from within the administration to align EEOC practices with executive orders ending DEI programs and policies. Efforts in Congress to preserve the reporting requirement through appropriations language did not gain traction.
But none of this means employers should change anything yet. Here are three things to avoid doing right now:
1. Don’t assume EEO-1 reporting is off the table for 2026. The current regulation still requires employers to file by September 30 each year. The administrative process to formally rescind that requirement takes time — and it may not be complete before this fall’s deadline. Treat the obligation as fully in effect until you hear otherwise officially.
2. Don’t stop collecting employee demographic data. Even if the federal reporting requirement goes away, Title VII’s recordkeeping rules remain. Federal guidelines still require employers to maintain data showing whether their hiring and selection practices have a disparate impact based on race, ethnicity, or sex. Keep requesting that information at the time of hire.
3. Don’t overlook your state obligations. California and Illinois already have their own employer reporting requirements. Massachusetts currently ties its requirement directly to the EEO-1, so changes at the federal level could prompt changes there too. And if the federal requirement disappears entirely, more states may step in with their own rules. Employers contracting with state governments may also have separate affirmative action or reporting commitments that depend on demographic data.
We’ll continue to monitor the EEOC’s proposal and update you as the situation develops — particularly as the September 30 deadline gets closer.
FOREWORK BENEFIT: Clients of Forework who need assistance gathering data and preparing the EEO-1 report can speak with their designated Forework counsel and HR representative about the annual report obligations.