Is This the End? Your EEO-1 Reporting Obligations May Be Over

For the last 60 years, large employers (more than 100 employees) and certain federal contractors (more than 50 employees) were required to submit annual workforce demographics to the Equal Employment Opportunity Commission (“EEOC”) through the EEO-1 reporting process. That requirement may soon change.

In May 2026, the EEOC submitted a proposed plan to rescind the federal regulations mandating EEO-1 data collection and reporting. Although the proposal has not yet been approved and employers must continue to comply with current reporting obligations, there are strong signals 2025 may be the final reporting year.

What is an EEO-1 Report?

The EEOC’s mandatory annual data collection requires large private employers and federal contractors to submit workforce demographic data by job category, sex, and race or ethnicity. Historically, the EEOC has used this information to support enforcement efforts, identify possible patterns of discrimination, and analyze workforce demographics across industries and geographic regions. These reports have also been discoverable in employment litigation.

What has changed?

On May 14, 2026, the EEOC submitted a proposal to rescind the federal regulations requiring EEO‑1 reporting. The proposal would eliminate reporting requirements associated with Title VII of the Civil Rights Act, the Genetic Information Nondiscrimination Act, the Pregnant Workers Fairness Act and the Americans with Disabilities Act.

Importantly, the proposal is only the first step in the rulemaking process. Before any changes become effective, the proposal must undergo review by the Office of Information and Regulatory Affairs, be published in the Federal Register, and proceed through a public comment period.

These developments reflect a broader shift in the EEOC’s overall policy objectives. In line with this Administration’s policy goals, the agency appears to be narrowing both the scope of data collection and the role that data plays in enforcement strategy, focusing instead on intentional discrimination. Historically, EEO-1 information has been used for diversity, equity and inclusion (“DEI”) initiatives. The elimination of employment DEI initiatives is a key priority for this Administration, and the proposed plan aids in this goal.

What about state reporting requirements?

Even if the federal EEO‑1 requirement is repealed, employers should not assume that demographic reporting obligations will disappear.

Several states have enacted, or are considering, reporting requirements that are similar to or more expansive than EEO‑1 reporting:

• Colorado recently enacted legislation requiring employers to submit workforce demographic information beginning July 1, 2027. The statute expressly provides that the reporting requirement will remain in place even if federal EEO‑1 reporting ends.
• California requires covered employers to submit annual pay and workforce demographic data, including information by job category, race, ethnicity, sex, pay bands, and compensation levels.
• Illinois requires certain employers to obtain an Equal Pay Registration Certificate and submit workforce demographic information. Illinois corporations are also subject to demographic reporting requirements under the Illinois Business Corporation Act.
• Massachusetts similarly requires demographic reporting and, in some circumstances, allows employers to satisfy that obligation by submitting their federal EEO‑1 report to the state.

Other states are likely to consider similar measures if the federal reporting requirement is rescinded.

What should employers do now?

For now, employers should still prepare their EEO-1 reports for the 2025 reporting year. Although the EEOC has not yet opened the EEO-1 filing portal as of July 2026, the reporting regulations still remain in effect. Historically, the EEOC has announced annual filing windows separately from the regulatory deadline, and employers should closely monitor agency announcements regarding filing dates. Until the final rule takes effect, covered employers should assume that EEO‑1 reporting obligations remain in place.

Key Takeaway

While the future of federal EEO‑1 reporting is uncertain, workforce demographic reporting is unlikely to disappear. Employers should continue preparing for current federal reporting obligations while also evaluating state-specific requirements. It remains good practice to maintain accurate workforce demographic data to ensure internal reporting systems can accommodate both federal and state obligations in the coming years.