On July 21, 2026, the U.S. Equal Employment Opportunity Commission (“EEOC”) voted to issue a Notice of Proposed Rulemaking that would rescind the Employer Information Report EEO-1, the annual filing that has for decades required private employers with 100 or more employees to submit workforce demographic data, including data by job category and sex and race or ethnicity, to the agency.
The draft Notice of Proposed Rulemaking is set to be published in the Federal Register for a 30-day public comment period, after which the Commission will consider all public comments and relevant data before making a final determination.
In the interim, employers subject to EEO-1 requirements should continue to comply with applicable reporting and record-preservation requirements and monitor the EEOC’s instructions. Employers should also keep in mind that they may still be subject to state and local workforce demographic or pay-data reporting requirements, as well as recordkeeping obligations under federal law.