EEOC Proposal Would End Annual Race and Sex Workforce Reporting Requirements; Public Comment Period Now Open

The U.S. Equal Employment Opportunity Commission (EEOC) has voted to issue a Notice of Proposed Rulemaking (NPRM) that would eliminate longstanding requirements for employers and other covered entities to submit annual reports summarizing the race and sex composition of their workforces.

According to an EEOC press release, the proposal would rescind the reporting requirements for the EEO-1, EEO-2, EEO-3, EEO-4, EEO-5 and EEO-6 data reports, along with related recordkeeping requirements.

The agency stated that current regulations require organizations covered under Title VII of the Civil Rights Act to submit the reports annually, regardless of whether they have ever been accused of employment discrimination. The EEOC estimates the reporting requirement costs employers nearly $275 million each year, while costing the agency approximately $4 million annually to administer.

The proposed rule states that the Commission believes the current reporting requirements are inconsistent with federal equal employment opportunity law, may raise constitutional concerns, and collect information that is not narrowly tailored or necessary to enforce anti-discrimination statutes.

According to the press release, the EEOC concluded that any limited enforcement value provided by the reports is outweighed by the administrative burden placed on employers and the Commission, particularly because the data is collected annually without any specific allegation of discrimination.

In the release, EEOC Chair Andrea Lucas said the proposal is consistent with both the text of Title VII and U.S. Supreme Court precedent.

"The proposed rescission of the EEO Data Reports reaffirms the founding principle that every individual is created equal and therefore is entitled to equal treatment under the law," Lucas said in the EEOC's press release.

Lucas further stated that requiring employers to classify employees by race and sex each year, absent a specific discrimination allegation or enforcement proceeding, conflicts with Title VII's requirement that employment practices be colorblind. She also said the proposal would not affect the EEOC's authority to request records relevant to individual discrimination investigations.

The proposal was officially published in the Federal Register on July 23, 2026, opening a 30-day public comment period. Members of the public may submit comments through August 24, 2026 before the Commission considers whether to finalize the rule.

The EEOC has also scheduled a public hearing for Aug. 11, 2026. Individuals who wish to testify must submit their requests by Aug. 7, 2026.

Following the hearing and close of the comment period, the Commission said it will review all public comments and other relevant information before making a final decision.

Those wishing to participate in the federal rulemaking process can use the following resources:

Federal Register Notice: Removal of Reporting Requirements (Federal Register)

Submit a Public Comment or Request to Testify: Regulations.gov (search RIN 3046-AB37 or "Removal of Reporting Requirements")

According to the EEOC, the agency remains the federal entity responsible for investigating and litigating claims of employment discrimination involving private-sector employers. For public-sector employers, the EEOC shares enforcement responsibilities with the U.S. Department of Justice's Civil Rights Division.