On May 14, 2026, the federal Equal Employment Opportunity Commission (“EEOC”) submitted a request to rescind the demographic reporting obligations of large employers in the U.S. The “Pending EO 12866 Regulatory Review” notice (“Regulatory Review Notice”) which can be found here, states that the request is for the “Rescission of EEO-1, EEO-2, EEO-3, EEO-4. EEO-5, And Reporting Requirement Under Title VII, the ADA, GINA, and the PWFA.”
What does this mean?
Annually, private employers with 100+ employees must file an EEO‑1 Report (Form 100) with the EEOC that provides certain demographic information regarding the employer’s workforce headcount by job category, race/ethnicity, and sex. Under the relevant statute, and implementing regulations, the purpose of the EEO-1 Report is to enable the EEOC to identify systemic discrimination patterns and perform target enforcement and investigations to address and stop discrimination in the workplace.
Why is the EEOC seeking a rescission of EEO-1 reporting requirements?
The Regulatory Review Notice does not state the reason for the requested recission. However, an earlier 2025 message from Andrea Lucas, the Chair of the EEOC, sheds some light on the EEOC’s position that employers may be using demographic information from their EEO-1 Reports to help with diversity in their workplace. In her message, Ms. Lucas said, in part:
“Your company or organization may not use information about your employees’ race/ethnicity or sex—including demographic data you collect and report in EEO-1 Component 1 reports—to facilitate unlawful employment discrimination based on race, sex, or other protected characteristics in violation of Title VII. Title VII’s protections apply equally to all workers, regardless of their race or sex. Different treatment based on race, sex, or another protected characteristic can be unlawful discrimination, no matter which employees or applicants are harmed. There is no “diversity” exception to Title VII’s requirements.”
Further, according to an NPR article, Ms. Lucas stated in an interview with NPR earlier in 2026 that a number of companies have been misusing the data (in EEO-1 Reports) — including in ways that have hurt white people and men.
Given that under federal law (42 USC section 2000e-8(c)) every covered employer, employment agency, and labor organization is required to keep certain records that could be relevant to a determination of whether unlawful employment practices are being committed in the workplace, and to report information to the EEOC so it can enforce the Country’s anti-discrimination laws, it seems odd that the EEOC would seek to do away with EEO-1 reporting. However, given the times we are living in, it is not surprising.
We will monitor how the EEOC’s request to rescind EEO-1 reporting plays out and we recommend large employers do the same.