EEOC Votes to Issue a Proposed Rule to Remove EEO-1 Reporting Requirements for Private Employers

On July 21, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted to issue a Notice of Proposed Rulemaking (NPRM) to remove EEO-1 reporting requirements for private employers.

Background

The EEO-1 reporting is a federally mandated survey that collects workforce data categorized by race, ethnicity, sex and job category. Under Title VII of the Civil Rights Act, employers with 100 or more employees and certain federal contractors must report this data to the EEOC by March 31 of every year.

With limited exceptions, the following entities must file EEO-1 Reports by March 31 every year (or any later submission deadline set by the EEOC):

• A private employer with 100 or more employees (with limited exceptions for schools and other organizations);
• A private employer with between 15 and 99 employees, if they are part of a group of employers that legally constitutes a single enterprise, which employs a total of 100 or more employees; and
• A federal contractor with 50 or more employees that is either a prime contractor or first-tier subcontractor and has a contract, subcontract or purchase order amounting to $50,000
  or more.

An employer that fails or refuses to file an EEO-1 Report as required may be compelled to do so by a federal District Court. Federal contractors also risk losing their government contracts for noncompliance.

Key Highlights

By voting to issue an NPRM, the EEOC has initiated the process to end the annual EEO-1 Report for private employers. Based on the commission’s approved NPRM, the EEOC’s proposed rule would also rescind the filing requirements for the EEO-2, EEO-3, EE0-4, EE0-5 and EEO-6 reports, which apply to public employers, unions, and educational institutions, and the recordkeeping and record preservation requirements related to these reports. The proposed rule will be published in the Federal Register for public comment.

Employer Takeaway

Employers should monitor updates on the EEOC’s proposed rule, including its publication and any related legal changes.
In addition, the EEOC has not yet announced the opening date and filing deadline for 2025 EEO-1 reports. It’s unclear how the proposed rule might impact the filing of 2025 EEO-1 reports. Therefore, employers should monitor the EEOC’s proposed rule and EEO-1 Data Collection page for any developments to remain compliant.