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Published By Robert W. Small

July 22, 2026

The U.S. Equal Employment Opportunity Commission (EEOC) has voted to issue a Notice of Proposed Rulemaking that would eliminate the federal reporting and related recordkeeping requirements associated with Forms EEO-1 through EEO-6.

Currently, the following entities are required to submit annual or biennial workforce demographic data to the EEOC, including employee job categories and headcounts by race, ethnicity, and sex:

  • Private employers with 100 or more employees
  • Federal contractors with contracts of at least $50,000 and 50 or more employees
  • Labor-management apprenticeship programs
  • Local unions with 100 or more members
  • State and local governments
  • Public elementary and secondary school systems
  • Institutions of higher education with 15 or more employees

If finalized, the proposed rule would eliminate these federal reporting obligations. However, the proposal is not yet in effect, and covered employers should continue complying with all current reporting requirements.

What Employers Should Know

  • The proposed rule will be open for 30 days of public comment following its publication in the Federal Register.
  • A public hearing is scheduled for August 11, 2026. Requests to testify must be submitted by August 7, 2026.
  • Existing EEO-1 through EEO-6 filing requirements remain in effect until a final rule is adopted and becomes effective.
  • Several states maintain their own workforce demographic reporting requirements. Those obligations would not be affected by the EEOC’s proposal. Employers operating in California, Illinois, Massachusetts, and Colorado (beginning in 2027) should continue monitoring and complying with applicable state reporting laws.

Looking Ahead

Even if the EEOC ultimately eliminates these federal reporting requirements, employers and other entities should consider continuing the periodic collection of the data for purposes of self-auditing compliance with anti-discrimination obligations and as evidence should they become subject to claims of discrimination.

Reger Rizzo & Darnall’s Employment Practices Group will continue monitoring this proposed rulemaking and provide updates as the process moves forward. Employers with questions about their current reporting obligations or the potential impact of these proposed changes should contact RRD Employment Practice Group Chair Robert W. Small at rsmall@regerlaw.com or 215-495-6541.