On May 14, 2026, the U.S. Equal Employment Opportunity Commission (“EEOC”) submitted a proposal to rescind the EEO-1 report, among other reporting requirements (the “Proposal”). The details of the Proposal, including the proposed rule rescinding these reporting requirements, are not yet publicly available. However, the notice of the Proposal filed with the Office of Information and Regulatory Affairs makes clear that the forthcoming rule will propose rescinding all “EEO-1, EEO-2, EEO-3, EEO-4. EEO-5, And Reporting Requirement Under Title VII, the ADA, GINA, and the PWFA.”
Relevant for employers, the EEO-1 reporting requirements currently mandate that employers with over 100 employees and federal contractors with over 50 employees submit a report annually that provides certain data relating to the demographics of their workforce. The EEO-1 report currently requires the disclosure of data relating to employee sex, race and ethnicity broken down by job category. However, over the last decade, there have been several efforts to dramatically expand the scope of the EEO-1 reporting requirements to include compensation data, among other things.
Until the Proposal is final, employers should continue to comply with all data collection and retention requirements under existing law. However, in light of the Proposal, it is unlikely that the EEOC will announce a filing window for the 2026 EEO-1 report—something that has historically occurred in early summer.
If you have any questions regarding this article, please contact Alex Weinstein at aweinstein@vedder.com or any other Vedder attorney with whom you have worked.
