For decades, private employers with 100 or more employees have submitted reports with workforce demographic data, including data by job category, sex and race or ethnicity to the Equal Employment Opportunity Commission (EEOC). Based on a recent filing, however, the EEOC appears close to ending its annual demographic data collection, including the well-known EEO-1 Report and similar reports filed by unions (EEO-3), state and local governments (EEO-4) and public and secondary school systems (EEO-5).
On May 14, 2026, the EEOC submitted a proposed rule to the Office of Information and Regulatory Affairs (OIRA) titled “Rescission of EEO-1, EEO-2, EEO-3, EEO-4. EEO-5, and Reporting Requirement Under Title VII, the ADA, GINA, and the PWFA,” indicating the agency intends to end these longstanding EEO data reporting requirements along with information collection obligations related to Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act and the Pregnant Workers Fairness Act. Other than its title, there is currently no information available on the proposed rule’s specific language or content.
OIRA has 90 days to review the proposed rule, after which, if approved, it will be published in the Federal Register. Following that, the proposal will be open to public comment. After the EEOC considers the public feedback, it will publish a final rule in the Federal Register.
What this means for Employers
Despite the EEOC’s apparent intention to end EEO-1 reporting requirements, covered employers should still take steps to prepare their reports this year because finalizing a new rule will likely take months and EEO-1 reports are still required under current regulations.
Additionally, the EEOC has not definitively stated that it will not collect the EEO-1 data this year. Currently, the EEO Data Collections website simply states that updates regarding the data collection will be posted on the page as they become available. Until there is more definitive information, employers should still be prepared to file their reports this year and consult with their legal counsel if they have specific questions.
Lastly, remember that California’s pay data reporting requirements, which are similar to the EEO-1 requirements, are still in effect. California pay data reports were due to the California Civil Rights Department on May 13, 2026.
James W. Ward, J.D., Employment Law Subject Matter Expert/Legal Writer and Editor, CalChamber
CalChamber members can read more about EEO Reporting Requirements in the HR Library. Not a member? See how CalChamber can help you.
