Proposed EEOC Rule May Spell the End of Employer EEO-1 Reports

The federal Office of Information and Regulatory Affairs (“OIRA”) is reviewing an EEOC-proposed rule seeking to rescind the decades-old EEO-1 Report.

What is the EEO-1?

The EEO-1 Report is an annual survey that collects workforce data from the prior year, categorized by race, ethnicity, sex, and job category. Employers of 100 or more employees, and federal contractors with 50 or more employees and a federal contract of at least $50,000, must file an EEO-1 Report annually. EEO-1 reports must be filed via the EEOC’s EEO-1 web-based portal within a specified time period announced by EEOC. EEOC has not yet opened the portal or announced a filing deadline for 2026 filings, which would cover the employer’s 2025 data.

The text of the EEOC- proposed rule, titled “Rescission of EEO-1, EEO-2, EEO-3, EEO-4, EEO-5, and Reporting Requirement Under Title VII, the ADA, GINA, and the PWFA,” is not yet available, and it will be some time before a final rule would be implemented. OIRA will review the proposed rule over the next 90 days (subject to extension). If cleared, the proposed rule would be published in the Federal Register and subject to a public comment period. After considering public comments, the agency would then publish a final rule.

Do Employers Still Need to File the 2025 Report?

While an end to EEO-1 reporting might be a welcome relief, employers who are subject to the EEO-1 requirement should continue preparing for filing of the 2025 report, as the rule is not yet final.

California Reporting Requirement

Remember, California has its own annual reporting requirement requiring private employers of 100 or more payroll employees, and private client employers of 100 or more labor contractor employees to annually report pay, demographic, and other workforce data to the California Civil Rights Department (CRD) each year. Employers should count both in-state and out-of-state employees to determine coverage. Reporting is required so long as the employer has at least one California employee. Year 2025 reports were due May 13, 2026.

CEA will continue to monitor and report on the EEOC proposed rule, so please stay tuned. Questions? Please contact us for assistance.