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EEOC Moves to Rescind Federal EEO-1 Reporting

It would move federal demographic reporting to a fragmented mix of state laws, private systems, litigation risk.

Overview

  • The EEOC submitted a proposal to OMB/OIRA on May 14, 2026 to rescind EEO-1 and related EEO reporting requirements, but the agency has not published a proposed rule.
  • Any change must clear OIRA review and follow the Administrative Procedure Act and Paperwork Reduction Act steps including a Federal Register notice and public comment period.
  • Current federal reporting obligations remain in force until rulemaking concludes, so employers should keep EEO-1 readiness and preserve workforce demographic records.
  • If federal reporting is eliminated, state and local mandates such as those in California, Illinois, and Massachusetts would still apply and create a fragmented compliance landscape for multistate employers.
  • The proposal reflects broader enforcement priorities at the agency and would not repeal federal civil‑rights statutes, so legal challenges and close judicial review of the agency’s justification are likely.