By: Philip Giorlando
The Equal Employment Opportunity Commission (EEOC) has submitted a proposal to the White House to eliminate the EEO-1 form and related employer data collection requirements — a significant potential shift in Federal employment compliance obligations. While no final rule has been issued yet, employers should understand what may be coming and why now is not the time to change course.
What Is the EEO-1 Form?
The EEO-1 is an annual federal reporting requirement that applies to private employers with 100 or more employees and federal contractors with 50 or more employees. It requires submission of workforce data broken down by race or ethnicity, sex, and job category. For decades, it has served as a cornerstone of the EEOC’s enforcement infrastructure — and a valuable internal compliance tool for employers themselves.
What Is the EEOC Proposing?
In May 2026, the EEOC submitted a plan to rescind the EEO-1 form and other employer data collection requirements. The Commission’s notice also referenced rescinding certain “Reporting Requirements” under Title VII and other federal discrimination statutes, though the precise scope of that language remains unclear. A final rule has not yet been published, and the rulemaking process will include a public comment period before any changes take effect.
Should Employers Can Stop Collecting Demographic Data?
No, not yet — and possibly not entirely, even after a final rule is issued. Several independent obligations may require continued data collection regardless of what happens to EEO-1:
- Other EEOC Guidelinesrequire employers to maintain records disclosing how their selection procedures affect applicants and employees by race, sex, and ethnic group. Whether these guidelines will be rescinded along with the EEO-1 form is not yet clear.
- The Federal Anti-Discrimination lawitself requires employers to preserve records relevant to determinations of whether unlawful employment practices have been committed. Courts and the EEOC have historically interpreted this broadly, and at least one federal court has held that the Uniform Guidelines’ recordkeeping requirement is mandatory independent of EEO-1 filing obligations.
- State law may also require continued collection. California and other states maintain their own employee demographic disclosure requirements that are unaffected by federal action.
Why Employers May Still Want This Data
Beyond legal obligation, there are strategic reasons to continue collecting demographic data even if federal requirements are relaxed:
- Defense against discrimination claims. EEOC Chair Andrea Lucas has publicly encouraged White men to file bias charges, and discrimination litigation is an increasingly active area. If the Company does not have data showing its hiring and promotion patterns, the Company may not be able to defend itself when a charge is filed.
- Proactive compliance monitoring.Maintaining workforce demographic data allows employers to identify potential disparities before they become legal exposure — precisely the kind of self-audit that demonstrates good faith in litigation.
- Litigation leverage. If demographic data does not exist, both sides face greater discovery costs in employment litigation. Plaintiffs’ attorneys will seek information through other means, including public reports and comparator data, while employers lose the ability to tell their own story with their own records.
The Flip Side: New Risks from Continued Collection
The EEOC’s shifting enforcement posture also creates new risks for employers who continue collecting demographic data without care. The agency’s June 2026 National Enforcement Plan stated that company policies allowing workforce race or sex data to be shared with the public or non-HR personnel could constitute discriminatory DEI practices. Additionally, some attorneys have cautioned that continued self-identification requests could be characterized as evidence of race- or sex-conscious decision-making.
The practical answer is not to stop collecting — it is to be intentional about how you collect and who has access.
Recommended Steps for Employers
Until the EEOC publishes a final rule with full details, employers should take the following steps:
- Do not discard existing EEO-1 records. The rollback could be challenged in court or reversed under a future administration. Destroying records now could expose you to serious legal risk down the road.
- Continue data collection for documented legal purposes. Collect and maintain demographic data consistent with your existing obligations and document the specific legal basis for doing so.
- Restrict access strictly to HR. Do not share demographic data with managers, executives, or others involved in employment decision-making. Access should be limited to HR personnel and legal counsel.
- Do not share data publicly. Given the EEOC’s current enforcement focus, public disclosure of workforce demographic data — even voluntarily — carries new risks.
- Consult counsel before making any structural changes to your data practices.The regulatory picture is incomplete, and decisions made now based on a proposal rather than a final rule may create more problems than they solve.
The Bottom Line
The EEO-1 reporting requirement may be on its way out, but the underlying legal landscape is more complicated than the headline suggests. Multiple independent legal obligations — under the Uniform Guidelines, Title VII, and state law — may require continued recordkeeping regardless. And from a purely strategic standpoint, the employers best positioned to defend themselves in the current environment are those who know what their own workforce data shows. Do not make significant changes to your data collection practices until a final rule is published and you have had the opportunity to consult with employment counsel.
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