July 31, 2026
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On July 21, 2026, the Equal Employment Opportunity Commission (EEOC) voted 2-1 to move forward with a proposal that would eliminate the EEO-1 Report (Private employers of 100 or more employees have been required to file this report for decades), along with the EEO-2, EEO-3, EEO-4, EEO-5, and EEO-6 reporting requirements. The proposal would also remove certain recordkeeping and record-preservation requirements related to these reports.
If a final rule is adopted, employers and other covered organizations would no longer be required to submit these workforce demographic reports to the EEOC.
However, nothing has changed yet.
The EEOC’s vote started the federal rulemaking process. The proposed rule was published in the Federal Register on July 23, 2026, beginning a 30-day public comment period. The EEOC must review the comments before deciding whether to issue a final rule.
Until that process is complete, covered employers should continue to follow current EEO-1 reporting requirements and watch for additional guidance from the EEOC.
The proposed change has generated differing opinions among EEOC commissioners. Supporters argue that the reporting requirements are no longer necessary, create a substantial burden, and may raise legal concerns. Those opposed maintain that the reports remain an important tool for identifying possible patterns of workplace discrimination.
What Should Employers Do Now?
This proposal could significantly change how employers report workforce demographic information. For now, however, employers should continue complying with existing requirements unless and until the EEOC issues a final rule.
Have Questions?
AIM members can contact the AIM HR Helpline for practical guidance on EEO-1 reporting requirements and other workplace compliance questions.
Call: 800-470-6277
Email: helpline@aimnet.org
Hours: Monday through Friday, 8:30 a.m. to 5:00 p.m.
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