On May 14, 2026, the Equal Employment Opportunity Commission (EEOC) submitted a proposed rule to the federal Office of Management and Budget (OMB) that would likely end employers’ annual obligation to collect and report race, sex, and ethnicity data about their employees. The full contents of the 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,” have not been released to the public. However, the EEOC has publicly stated its stance on “DEI-Related Race and Sex Discrimination,” part of the Trump Administration’s regulatory priorities, and its chair, Andrea Lucas, previously cautioned employers against using EEO-1 data to “facilitate unlawful employment discrimination.”
The requirement to file a form EEO-1 currently applies to private sector employers with 100 or more employees, and some federal contractors with 50 or more employees. The other named reports impose similar obligations on local unions, state and local governments, and primary and secondary public schools with at least 100 employees. Currently, covered employers must submit data by job category, sex, race, and ethnicity on an annual or biannual basis.
If the proposal moves forward, it will be published for public review and comment before a final rule is issued. Since the rulemaking process will take some time, employers should plan to file their 2025 EEO-1 report consistent with past years. The EEOC has not opened the 2025 data collection process as of this writing. Last year’s portal opened on May 20, with a June 24 deadline. If you need assistance with the data collection process, the attorneys and HR professionals at Lake Effect can help.
The attorneys and HR professionals at Lake Effect can provide guidance on employment-related agency and legislative actions, employment laws, regulations, and agency guidelines. We continue to monitor important legal and HR developments, as well as other information that could impact the workplace. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.
