{"id":1479,"date":"2026-07-29T11:12:57","date_gmt":"2026-07-29T16:12:57","guid":{"rendered":"https:\/\/lindner-marsack.com\/news\/?p=1479"},"modified":"2026-07-29T11:18:21","modified_gmt":"2026-07-29T16:18:21","slug":"the-end-for-federal-eeo-data-reports","status":"publish","type":"post","link":"https:\/\/lindner-marsack.com\/news\/the-end-for-federal-eeo-data-reports","title":{"rendered":"The End for Federal EEO Data Reports?"},"content":{"rendered":"

The EEOC\u2019s Proposed Rule to Rescind Annual Demographic Reporting Requirements<\/strong><\/p>\n

By: Carmen N. Decot<\/em><\/p>\n

As most employers are aware, the Equal Employment Opportunity Commission\u2019s (\u201cEEOC\u2019s\u201d) existing regulations require certain employers covered by Title VII of the Civil Rights Act of 1964 and certain federal contractors, to collect and maintain information on the sex and race\/ethnicity of their employees and to file annual data reports detailing such employee demographics by job category. However, these requirements may soon become a thing of the past.<\/p>\n

The EEOC\u2019s Proposed Rule<\/strong><\/em><\/p>\n

On July 23, 2026, the EEOC issued a proposed rule<\/a> seeking to rescind and eliminate the requirement for covered employers to file EEO-1, EEO-2, EEO-3, EEO-4, EEO-5, and EEO-6 reports, as well as the recordkeeping and retention requirements related to such reports. According to the EEOC, it is proposing recission of the 60-year-old EEO data collection and reporting requirements because it has determined that such requirements are \u201cinconsistent with equal employment opportunity law,\u201d are \u201cpotentially unconstitutional,\u201d and the data collected is \u201cnot narrowly tailored,\u201d is \u201cunnecessary to enforce anti-discrimination laws,\u201d and its benefits are outweighed \u201cby the substantial burdens\u201d imposed on employers and the EEOC. The EEOC noted that the current EEO reporting obligations may also have the unintended effect of promoting stereotyping or encouraging employers to engage in discrimination to address \u201cperceived inequitable outcomes\u201d or to \u201ccorrect statistical imbalances.\u201d The EEOC further emphasized the \u201csignificant costs\u201d imposed on employers and the EEOC by the EEO reporting, particularly because employers are currently required to submit EEO data reports every year even when there is no allegation that the employer has violated Title VII. The EEOC reiterated<\/a> that its proposed recission of the EEO data collection and reporting requirements will not affect the agency\u2019s ability to request and obtain records relevant to a complaint of discrimination and the related charge investigation.<\/p>\n

What\u2019s Next?<\/em><\/strong><\/p>\n

The EEOC\u2019s proposed rule is now subject to a 30-day notice and comment period. Employers who wish to comment on the proposed rule<\/a> will have until August 22, 2026, to do so. In addition, the EEOC will hold a hearing on August 11, 2026, regarding its proposal. If the proposed rule is approved after public comments are considered, the EEOC will eventually issue a final rule rescinding the EEO reporting and recordkeeping obligations. For now, employers should continue to collect the required EEO data and keep an eye out for further updates. Employers should also be mindful of any state or local EEO data collection or reporting requirements, which are not impacted by the EEOC\u2019s proposal, and they should reach out to experienced employment counsel with any questions regarding changes to their obligations going forward.<\/p>\n

If you have questions about this material, please contact Carmen Decot at cedcot@lindner-marsack.com<\/a>, or any other attorney that you have been working with at Lindner & Marsack, S.C.<\/p>\n","protected":false},"excerpt":{"rendered":"

The EEOC\u2019s Proposed Rule to Rescind Annual Demographic Reporting Requirements By: Carmen N. Decot As most employers are aware, the Equal Employment Opportunity Commission\u2019s (\u201cEEOC\u2019s\u201d) existing regulations require certain employers covered by Title VII of the Civil Rights Act of 1964 and certain federal contractors, to collect and maintain information on the sex and race\/ethnicity […]<\/p>\n","protected":false},"author":1,"featured_media":1480,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[7,14],"tags":[],"class_list":["post-1479","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-discrimination","category-eeoc"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/lindner-marsack.com\/news\/wp-content\/uploads\/2026\/07\/Lindner-Marsack-graphics-scaled.jpg","jetpack_shortlink":"https:\/\/wp.me\/p5WrIF-nR","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/lindner-marsack.com\/news\/wp-json\/wp\/v2\/posts\/1479","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lindner-marsack.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lindner-marsack.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lindner-marsack.com\/news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lindner-marsack.com\/news\/wp-json\/wp\/v2\/comments?post=1479"}],"version-history":[{"count":5,"href":"https:\/\/lindner-marsack.com\/news\/wp-json\/wp\/v2\/posts\/1479\/revisions"}],"predecessor-version":[{"id":1485,"href":"https:\/\/lindner-marsack.com\/news\/wp-json\/wp\/v2\/posts\/1479\/revisions\/1485"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lindner-marsack.com\/news\/wp-json\/wp\/v2\/media\/1480"}],"wp:attachment":[{"href":"https:\/\/lindner-marsack.com\/news\/wp-json\/wp\/v2\/media?parent=1479"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lindner-marsack.com\/news\/wp-json\/wp\/v2\/categories?post=1479"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lindner-marsack.com\/news\/wp-json\/wp\/v2\/tags?post=1479"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}