EEOC Opens Comment Period On EEO-1 Reporting Rescission

On July 21, 2026, the Equal Employment Opportunity Commission (EEOC) voted to issue a Notice of Proposed Rulemaking (NPRM) that would eliminate federal equal employment opportunity (EEO) reporting requirements, including the EEO-1, EEO-2, EEO-3, EEO-4, EEO-5, and EEO-6 reports, along with certain related recordkeeping requirements. The proposal has now advanced into the formal federal rulemaking process and is subject to public comment and a public hearing before any final action can be taken.

This action represents the next step in a proposal previously discussed in a communication regarding the EEOC’s effort to rescind federal EEO reporting requirements. The proposal is not final, and current reporting obligations remain in effect unless and until the EEOC issues a final rule.

This update applies to employers currently subject to federal EEO reporting requirements. The EEOC has scheduled a public hearing for August 11, 2026, and comments on the proposed rule are due by August 24, 2026.

What Employers Should Do

Legal Requirements

• Continue complying with existing EEO reporting requirements and maintain the records currently required under applicable EEO reporting regulations.
• Continue monitoring EEOC announcements regarding upcoming reporting cycles and filing requirements.

Practical Considerations

• Monitor developments from the August 11, 2026, public hearing and any subsequent EEOC announcements regarding the proposal.
• Employers may wish to review the proposal and consider submitting comments to the EEOC regarding the potential operational, compliance, administrative, and recordkeeping impacts of eliminating EEO reporting requirements before the August 24, 2026, comment deadline.
• Continue reviewing state and local reporting obligations, which would not automatically be eliminated by changes to federal reporting requirements.

Overview

Since the last EEOC update, the proposal has advanced significantly in the federal rulemaking process.

The EEOC issued a Notice of Proposed Rulemaking (NPRM), formally advancing the proposal into the public rulemaking phase. The proposal was subsequently published in the Federal Register with a public comment period and a scheduled public hearing for August 11, 2026, and established August 24, 2026, as the deadline for public comments.

Current employer obligations have not changed. Employers remain subject to existing EEO reporting requirements unless and until a final rule is issued.

What the EEOC is Proposing: The proposed rule would:

• Eliminate EEO-1, EEO-2, EEO-3, EEO-4, EEO-5, and EEO-6 reporting requirements.
• Remove recordkeeping and record preservation requirements tied specifically to those reports.
• End annual demographic workforce reporting currently required under EEOC regulations.

According to the proposal, the EEOC believes the reporting requirements create substantial administrative burdens, may raise constitutional concerns, and are no longer necessary because the agency can obtain workforce data through investigations and enforcement activities when needed.

What Has Not Changed

The proposal does not:

• Immediately eliminate EEO-1 reporting.
• Cancel existing reporting obligations.
• Remove employer obligations under Title VII of the Civil Rights Act.
• Eliminate the EEOC’s authority to investigate discrimination claims.
• Prevent the EEOC from requesting workforce demographic information during investigations.

Until the rulemaking process is completed and a final rule is issued, employers should continue following existing reporting requirements.

Why This Matters

The formal proposed rule represents the most significant step toward eliminating federal workforce demographic reporting requirements. The proposal has now entered the public rulemaking process, giving employers, industry groups, and other stakeholders an opportunity to submit comments before the EEOC determines whether to issue a final rule.

Key Risks for Employers

• Assuming EEO-1 reporting has been eliminated because the proposal has entered the public comment process, even though the proposal remains pending final action.
• Discontinuing demographic data collection or reporting processes before the rulemaking process is completed.
• Missing future EEOC announcements concerning reporting deadlines or filing requirements.
• Failing to maintain records needed for potential reporting obligations while current requirements remain in effect.
• Overlooking state and local workforce reporting requirements that would remain unaffected by changes to federal EEO reporting rules.

Source References

• EEOC – Removal of Reporting Requirements
• EEOC – Press Release (July 21, 2026)
• Federal Register – EEOC – Removal of Reporting Requirements (07-23-26)

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