Since 1966, private employers with 100 or more employees have been required to annually file EEO-1 reports, requiring employers to submit the race/ethnicity and sex of each of its employees by EEO job category and workforce location. Similarly, non-private entities have been required to file EEO-2, EEO-3, EEO-4, or EEO-5 reports requiring the same demographic information.

Last week EEOC proposed to rescind these reporting requirements.

There is not much information about the Proposal available at this time. Likewise, EEOC has not published any information on its EEO-1 website, either related to the proposal or whether EEO-1 reporting will be required this year.

Despite the lack of detail, rescission of the EEO reporting requirements appears to be consistent with the current Administration’s anti-DEI and anti-“workforce balancing” efforts.

Timing & EEO-1 Reporting in 2026

Unless EEOC seeks – and receives – an exception for expedited review, the proposal to rescind EEO reporting will need to comply with certain legally-required procedural steps, which will take time. Among other things, EEOC will need to publish a formal proposal, provide the public a 60-day comment period and it will be required to analyze and consider the comments it receives.

Given that we are now in the middle of May, and EEOC has set reporting deadlines in the past few years as early as April and late as October, it is quite possible EEOC will not complete the procedural steps and will not obtain timely approval for the rescission. As a result, this year’s reporting may still be required.

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We will provide updates as they become available. In the meantime, if you have questions, reach out to the Silberman Law legal professional with whom you work, or simply reply to this Alert.