Proposed EEOC Rule Signals Shift in Reporting Requirements

By | Employment Blog
May 28, 2026

On May 14, the Equal Employment Opportunity Commission (“EEOC”) submitted a proposal to the Office of Information and Regulatory Affairs (“OIRA”) seeking to rescind EEO-1 reporting requirements for all eligible employers, along with EEO-2, EEO-3, EEO-4, and EEO-5 data collection, and reporting requirements under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, and the Pregnant Workers Fairness Act.

EEO-1 reporting requirements obligate private employers with more than 100 employees to submit demographic data about their workforce. This data includes employees’ race, ethnicity, and sex categorized by job category. Historically, the EEOC has used this data to monitor employers’ compliance with various federal equal employment opportunity laws.

No immediate action is required from employers at this time because this is only a proposal. The rulemaking process could take several months to complete, and the timeline remains uncertain, particularly because judicial challenges are possible. It is likely that due to the length of the rule making process employers will still need to file their reports by September 30 covering 2025 workforce data.

If you have any questions about this e-alert or its current or future impact on your business, please contact our Employment & Benefits team.

Katie Donovan, summer associate, contributed to this blog post.

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