Future of EEO reporting uncertain

Reporting requirements

The EEO-1 Component Data Collection (Employer Information Report) requires private employers with 100 or more employees and federal contractors with 50 or more employees that meet certain criteria to report employees’ race/ethnicity, sex, and job category. EEO-2 is a consolidated report for certain multi-establishment employers.

Other EEOC data collections are as follows:

Local referral unions with 100 or more members (EEO-3);

State and local governments with 100 or more employees (EEO-4); and

Public elementary and secondary school systems, and school districts with 100 or more employees (EEO-5).

The EEOC’s proposal raises questions about the future of EEO reporting. Since 1966, aggregated data supplied by these reports have provided worker population data as well as trend data used to interpret the effectiveness of anti-discrimination laws and their enforcement.

The proposal to rescind these reporting requirements was submitted to the Office of Information and Regulatory Affairs and must undergo procedural review before a final rule can be published in the Federal Register, with a comment period to follow. Thus, the proposal is far from being finalized. In the meantime, the EEOC hasn’t yet announced the 2026 filing deadline and notes that it will publish updates to the 2025 EEO-1 Component 1 data collection on its website when they become available.

Employer action items

Until decisions are finalized, employers should:

• Continue collecting workforce demographic data,
• Follow the rulemaking process,
• Watch for the 2026 filing deadline, and
• Plan for continued local reporting requirements.

Key to remember: Although a proposal to rescind requirements has been submitted, employers should continue collecting workforce demographic data and plan to report 2025 data by the 2026 reporting deadline when it’s announced.