Overview
- The EEOC submitted a proposed rule to the Office of Information and Regulatory Affairs on May 14, 2026 that, by its title, seeks to rescind the EEO‑1 form and related EEO‑2 through EEO‑5 and other reporting obligations.
- That filing is only the first step in the Administrative Procedure Act process and the proposal must clear OIRA review, a Federal Register notice and a 60‑day public comment period before any change takes effect.
- Because the rule is not final, current law requiring covered employers to file annual EEO‑1 reports remains in force and employers should continue preparing 2025 data and watch for portal guidance.
- If the EEOC delays or skips collection without completing rulemaking it could face litigation like the 2019 court case that compelled the agency to collect pay‑data, and Congress or states could move to respond.
- Ending federal reporting would shift oversight power to states and private actors, reduce a primary federal tool for spotting employment gaps, and force employers to weigh continued voluntary data collection against new disclosure and compliance risks.