Since 1966, employers with more than 100 employees and certain federal contractors with more than 50 employees have been required by the Equal Employment Opportunity Commission (“EEOC”) to annually report data about the demographics of their workforce, specifically disclosing statistics reflecting the racial, ethnic and gender composition of their workforce. Receiving this information directly from employers historically has aided the EEOC in investigating complaints of employment discrimination filed with the agency and in its assessment of potentially discriminatory trends in certain industries or regions. Some state agencies have created functionally similar forms for smaller employers to report the same demographic information, with some categorically requiring submissions akin to the EEOC while others request the information only when investigating complaints.
However, after sixty years of EEO-1 reporting, EEO-1s may be on track to become a thing of the past at the federal level. In addition to its use in discrimination investigations and employment trends analysis, demographic data like that reported on EEO-1s can be utilized for diversity, equity and inclusion (DEI) purposes. The Trump Administration has made elimination of DEI initiatives in employment a priority item. See. e.g., here. Consistent with that agenda item, the EEOC recently proposed a plan that would rescind the federal regulations mandating EEO-1 data collection and reporting. This plan also would rescind the requirements for submission of Forms EEO-2 through EEO-5, which place similar reporting requirements on unions, state and local governments and schools. If approved, the proposed changes additionally would roll back current regulations that impose certain data collection and reporting requirements related to Title VII of the Civil Rights Act, the Genetic Information Nondiscrimination Act, the Pregnant Workers Fairness Act and the Americans with Disabilities Act.
These changes would significantly limit federal government insight into private workforces. In the absence of EEO-1 reporting, no other publicly available data exists to permit the federal government to easily assess the demographic makeup of a private employer’s workforce. Given that the EEOC historically has relied upon EEO-1 reports to contextualize and investigate complaints, seek out and assess examples of systemic bias and engage with nuances in work opportunity like promotional disparities and whether certain demographics are disproportionately concentrated to the point of discrimination, critics of the proposal note that the elimination of EEO-1 reporting could have negative impacts on efforts to promote equal opportunity in the workplace.
Employers should still prepare for EEO-1 reporting for 2025. Typically, EEO-1 reporting opens in May for reporting data for the previous year. However, as of May 20, 2026, the portal for 2025 reporting has not opened. But, the proposal to eliminate EEO-1 reporting would, if approved, apply only to future reporting. Moreover, the EEOC has yet to publish a formal proposal in the Federal Register to eliminate EEO-1 reporting, and if it does, there would then be a notice-and-comment period and possible revisions. Given this, the EEOC may still open the portal for 2025 reporting, so employers should be prepared to comply.
Employers should also be aware that even if the EEO-1 reporting requirement is scaled back or eliminated entirely, state and local data reporting laws, where applicable, would remain in effect and would still require data collection and analysis. Employers at the center of discrimination complaints also may be asked to report demographic data, and future EEOC rulemaking could reintroduce EEO-1 reporting or similar data collection requirements. The consistent collection and maintenance of personnel data in accordance with state and local law and internal policies will help employers navigate this space even as federal policy around personnel data reporting evolves.
