EEOC to End EEO-1 Reporting

Equal Employment Opportunity Commission Proposes to End EEO-1 Reporting

The Equal Employment Opportunity Commission (EEOC) has proposed to end EEO-1 reporting. In a notice sent on May 14, 2026, to the Office of Management and Budget (OMB), EEOC stated its intent to end EEO-1 and other federal equal employment opportunity reporting. The notice can be found on the website for OMB's Office of Information and Regulatory Affairs (OIRA).

There are multiple steps that EEOC will need to take before EEO-1 and other EEO reporting can be rescinded. The OIRA notice states that EEOC expects to publish a proposed rule that will end EEO-1 reporting. The public will be allowed to comment on this proposed rule. After the comment period is complete, EEOC will be required to publish a final rule that rescinds the reporting.

EEO-1 reporting is required under 29 CFR 1602. This section of the Code of Federal Regulations requires private sector employers with 100 or more employees to annually submit an EEO-1 report by September 30. 29 CFR 1602 also contains requirements for other forms of EEO reporting, including reporting done by public sector employers and unions.

It is not clear what will happen with EEO-1 reporting during 2026. EEOC has made no steps towards opening the portal that has been used in recent years to collect EEO-1 reports. That portal is currently inactive and redirects to EEOC's webpage describing EEO data collections.

EEOC will need to make one of the following choices:

1. Open an EEO-1 data collection portal during 2026 while the agency waits for its rescission of EEO-1 reporting to be finalized.

2. Rapidly move the rescission process forward in order to avoid the September 30 deadline for employers to submit EEO-1 reports.

3. Allow the rescission process to move forward while informing employers they will not be required to file an EEO-1 report during 2026 regardless of the September 30 deadline.

This third option may be problematic for EEOC. During the first Trump administration, EEOC decided against collecting compensation data that was added to EEO-1 reporting by the Obama administration. The compensation data collection was ultimately removed from EEO-1 reporting after EEOC went through the formal rulemaking process to end it. However, a federal court required EEOC to collect the compensation data for the period when the requirement was in effect. EEOC may find itself in a similar position if it fails to collect EEO-1 data before any formal rescission is finalized.