EEOC Advances Proposal to End Workforce Demographic Reporting

The U.S. Equal Employment Opportunity Commission (EEOC) has voted to move forward with a proposal that would eliminate longstanding requirements for employers and other covered entities to submit workforce demographic data, marking another significant shift in the agency’s approach to civil rights enforcement. The proposal, approved by a 2-1 party-line vote, will now be published in the Federal Register for public comment before any final rule is adopted. 

If finalized, the rule would rescind the EEO-1 reporting requirement for private employers with 100 or more employees and federal contractors meeting applicable thresholds, along with related demographic reporting requirements for labor unions, public schools, and state and local government employers through the EEO-2, EEO-3, EEO-4, EEO-5, and EEO-6 forms. The reports have, for decades, collected workforce data by race, ethnicity, sex, and job category to help the agency identify potential patterns of discrimination and guide enforcement priorities. 

HR Q&A: What Is the EEO-1 Component 1 Data Report?

Supporters of the proposal say eliminating the reporting requirements will reduce regulatory burdens and allow the EEOC to focus its enforcement resources on investigating individual instances of unlawful discrimination rather than collecting workforce data. 

“The Commission’s proposal to rescind the EEO Data Reports is consistent with the text of Title VII and Supreme Court precedent,” EEOC Chair Andrea Lucas said in a statement. “The EEO Data Reports stand in direct tension with Title VII’s requirement that employment practices be colorblind.” She added that the agency retains the authority “to request specific, tailored records relevant to a charge investigation.” 

Critics, however, contend that the loss of demographic data will make it more difficult for the EEOC and outside researchers to detect systemic discrimination and monitor workplace trends. Among the organizations opposing the proposal is the National Women’s Law Center (NWLC), which urged the public to submit comments once the rule is published.

“Today’s vote opens the door for discrimination to be swept under the rug. The EEOC’s decision to stop collecting information about who is in the workforce is a grave attack on civil rights enforcement,” said Katie Sandson, senior counsel at the NWLC. “Eliminating data about the demographics of the workforce not only makes discrimination harder to identify and address; it also makes it easier for the EEOC to justify enforcement priorities driven by politics rather than facts.” She concluded that “the agency will be hearing from us.” 

SHRM, meanwhile, “supports rescinding the current federal EEO reporting requirements only if they are replaced with a more modern, accurate, and useful framework that better supports compliance, effective enforcement of equal employment opportunity laws, and informed workforce decision-making.” 

The vote follows an earlier proposal submitted by the EEOC to the White House in May and reflects the commission’s broader effort to reconsider demographic reporting requirements. Although the commission has approved the proposal, the reporting rules remain in effect unless and until the rulemaking process is completed and a final regulation is issued. Covered employers should continue complying with existing EEO reporting obligations while monitoring developments.