EEOC Proposes Ending Federal EEO-1 Reporting

Late last week, the Equal Employment Opportunity Commission (EEOC) submitted a proposal to the federal Office of Information and Regulatory Affairs (OIRA) to rescind EEO-1 reporting requirements.  The EEOC’s proposal also requests rescission of the EEO-2, EEO-3, EEO-4 and EEO-5 and reporting requirements under Title VII, the ADA, GINA, and the PWFA.

The EEOC is the agency charged with enforcing federal employment discrimination laws, including Title VII of the Civil Rights Act of 1964. In enacting Title VII, Congress authorized the collection of annual workforce data to ensure compliance with the law. As a result, the EEOC created the EEO-1 report.  This report requires certain private employers and federal contractors to submit annual workforce demographic data categorized by job category, race, ethnicity, and sex.

At this point, the EEOC has not issued details as to any proposed regulatory changes.  A number of steps are required under the Administrative Procedure Act in order to rescind these reporting requirements.  Following White House approval, proposed rules are published in the Federal Register and opened up for a period of public comment before a final rule is published.  No existing obligations will change unless the proposal is finalized.  If the EEOC does discontinue EEO-1 reporting, employers will likely still need to file 2025 EEO-1 reports because reporting is still required under the rule currently in effect (pending implementation of a final rule).

Miller Johnson will continue to closely monitor this developing situation.  If you have questions about this or other labor and employment matters, please contact one of the authors or your Miller Johnson employment attorney.