Workforce Bulletin

On July 22, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) circulated a proposed rule to formally proceed with rescinding workforce demographic data reporting requirements (“EEO reports”). While this move by the EEOC is not surprising, it represents a major break with the agency’s history: the creation of  workforce demographic data reporting requirements was one of the first actions the EEOC took after it began operations.

Many employers are likely familiar with the annual data collection mandated by the EEOC. The original of these – EEO-1 reports – requires all private sector employers with 100 or more employees and federal contractors with 50 or more employees (if they meet certain fiscal criteria) to submit workforce demographic data, specifying job category, sex and race or ethnicity. Such reports have been mandatory since 1966.

The proposed rule will rescind the requirement to file EEO-1, as well as EEO-2, EEO-3, EEO-4, EEO-5, and EEO-6 reports. In its reasons explaining the proposed elimination of a 60-year old process of information gathering, the EEOC makes some big claims, going as far as to assert that such data collection might be unconstitutional.