Update August 3, 2026: The EEOC voted to begin the formal process of eliminating EEO-1 reporting by issuing a Notice of Proposed Rulemaking (NPRM). The NPRM is the first step toward repealing the reporting requirements but is not the repeal itself. Following the NPRM, there will be a public comment period, hearings, and a final vote to finalize the rule. Though the repeal is likely to pass, it still has administrative hurdles to pass.

It is unclear whether 2025 EEO-1 reporting will still be required. It is important to note, however, that state-level reporting obligations will be unaffected and will still be required.

On May 14, 2026, the EEOC submitted a proposed rule titled, “Rescission of EEO-1, EEO-2, EEO-3, EEO-4, EEO-5 and Reporting Requirements Under Title VII, the ADA, GINA, and the PWFA.” This proposal likely signals the end of the current EEO reporting requirements, including EEO-1 reporting.

The proposed rule is expected to be reviewed within 90 days, and if approved, will be published in the Federal Register. As of this article’s publication date, no additional details of the proposal have been publicly released.

Background

Since 1966, employers with 100 or more employees, as well as certain federal contractors, have been required to file an annual Employer Information Report (EEO-1 Component 1) with the Equal Employment Opportunity Commission (EEOC). In the report, employers were required to report certain workforce demographic data, including race/ethnicity, sex, and job categories. The EEO-1 reporting window and deadline varies each year.

EEO-2 through EEO-5 are required reports for certain employers (such as contractors, unions, public agencies, schools, and apprenticeship programs) that show workforce demographics to support equal employment oversight.

Under Title VII, the American Disability Act (ADA), Genetic Information Nondiscrimination Act (GINA), and the Pregnant Workers Fairness Act (PWFA), employers must follow anti-discrimination laws and keep accurate employment and demographic records to demonstrate compliance and respond to audits or investigations.

What Could These Change Mean for Employers?

The proposed rule would eliminate not only the EEO-1 report, the most common EEOC reporting requirement, but also other federal reporting and data collection obligations, including:

  • Forms EEO-1 through EEO-5
  • Requirements under Title VII of Civil Rights Act
  • The Americans with Disabilities Act (ADA)
  • The Genetic Information Nondiscrimination ACT (GINA)
  • The Pregnant Workers Fairness Act (PWFA)

It is important to note that this proposal would only impact federal EEO reporting requirements; state and local reporting obligations would remain in effect. For example, California employers with 100 or more employees and at least one California employee would still need to complete California pay data reporting, which collects similar workforce information. In addition, Illinois and Massachusetts, which currently rely on EEO-1 Component 1 data for pay reporting, may revise their requirements and processes if federal reporting is discontinued.

It is important to note that the EEOC is still in the preliminary stages of the rulemaking process, and several steps remain before any changes are finalized. If the EEOC finalizes a rule ending EEO-1 reporting, Congress could attempt to overturn it under the Congressional Review Act. However, this would require approval through multiple steps, including overcoming a potential presidential veto, which is unlikely. As a result, EEO-1 reporting, in place for over 60 years, appears likely to be phased out in the coming years.

Employer Next Steps

  • Employers should continue to prepare for and comply with existing requirements, including the anticipated 2025 EEO-1 filing (typically due in mid-2026), unless and until final changes are formally adopted.
  • Employers should continue to comply with any state reporting requirements.

Sequoia will continue to monitor new developments and will communicate relevant changes as they are released.

Additional Resources

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Séamus McGuire

Séamus McGuire

Séamus is a Compliance Specialist for Sequoia, where he works with clients to optimize and streamline benefits compliance. In his free time, Séamus enjoys riding rollercoasters, attending Broadway shows and traveling with his husband.