EEOC Updates
EEOC Starts Process to Rescind Employer Reporting Requirements
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APPLIES TO All Employers with 100+ Employees and Certain Federal Contractors |
EFFECTIVE TBD |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
On July 21, 2026, the Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking that was subsequently filed in the Federal Register on July 23, 2026, proposing to eliminate EEO-1 through EEO-6 reporting requirements. The notice has a 30-day comment period from the date of filing in the Federal Register. There is also a public hearing on August 11th to discuss the proposal.
The EEOC said that it “determined that the EEO Data Reports are inconsistent with equal employment opportunity law, may raise constitutional concerns, and collect data that is not narrowly tailored or necessary to enforce anti-discrimination statutes.” Moreover, the EEOC “concludes that any limited value of the reports is outweighed by the significant burdens they impose on employers and on the Commission.”
Title VII of the Civil Rights Act (42 U.S.C. § 2000e-8) requires employers to do the following: “(1) make and keep such records relevant to the determinations of whether unlawful employment practices have been or are being committed, (2) preserve such records for such periods, and (3) make such reports there from as the Commission shall prescribe by regulation or order….” Historically, the EEOC created regulations governing employer reporting; now, the EEOC is proposing to eliminate those regulations. Certain regulations regarding applicant records for apprenticeship programs will be revised and republished.
What does this mean for employers?
Should employers discard their 2025 EEO reporting data? Not at this time. The proposed rule is not final and will not become effective until at least 30 days after the final rule is published. Additionally, there may be legal challenges to the rule if made final.
Should employers continue to collect EEO data for 2026? For now, employers should maintain the status quo until there is a final rule. Additionally, California, Illinois, Massachusetts, and soon Colorado, require their own EEO data reporting. Employers with employees in those states must still comply with state reporting requirements.
Can employers continue to collect EEO data if the rule is rescinded? Employers may collect EEO data as part of their strategy to protect against disparate treatment and disparate impact liability under Title VII; however, any collection must be entirely voluntary and the data must be separately stored and secured to prevent cross-over with or influence over employment decisions.
Action Items
- Continue to monitor ongoing updates on this development.
- Consult with legal counsel before changing any EEO processes in advance of any formal rulemaking.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase