EEOC PROPOSES TO ELIMINATE EEO-1 REPORTING
- The U.S. Equal Employment Opportunity Commission (the Commission or the EEOC) is on the brink of ending its mandatory annual collection of workplace demographic data. The EEOC has voted in favor of publishing a notice of proposed rulemaking to eliminate long-standing employer demographic reporting requirements. The proposed rule marks a major shift in how employers would be required to manage workforce demographic reporting under federal law.
- The EEO-1 Report and its Requirements. Since 1966, the EEO-1 report has been a central feature of federal workplace reporting obligations. Covered private employers with 100 or more employees, and federal contractors with at least 50 employees and at least $50,000 in government contracts, have been required to submit annual workforce demographic data to the EEOC, broken down by establishment, job category, sex, and race or ethnicity. Historically, the EEOC has used that data to inform enforcement priorities, assess employment practices, and identify potential discrimination under Title VII.
- The Federal Rulemaking Process: What Comes Next? The proposed rule is not yet final, and several steps remain before it takes effect. As of now, the proposed rule must go through a public notice-and-comment process before it is finalized. The public comment period for the EEOC’s proposal ends on August 24, 2026. The Commission will hold a public hearing about the proposal on August 11, 2026. If the EEOC publishes a final rule, Congress could act under the Congressional Review Act to overturn the EEOC’s action; however, even if the House and Senate pass a resolution of disapproval, it would not be effective unless signed by the President.
- Uncertainty Around the 2025 EEO-1 Cycle Remains. The EEOC has not yet opened submissions for the 2025 reporting cycle. It remains unclear whether the rule would affect the 2025 EEO-1 cycle or instead apply beginning with the 2026 cycle. Employers should remain prepared to file until the EEOC provides official guidance.
Disability Self-Identification Form Approved for Use by Federal Contractors Through July 2029
- Federal contractors are required to invite applicants and employees to self-identify as to disability and, in doing so, must use a form published by the Office of Federal Contract Compliance Programs (OFCCP) for this purpose. Like all forms used by the government for a general collection of information, this form – known as Form CC-305 – must be periodically reviewed by the Office of Management and Budget (OMB) and approved for continued use.
- Approval of the current form expired on April 30, 2026, and there were questions as to whether the form would be reauthorized in light of OFCCP’s July 2025 proposal to not only rescind rules requiring contractors to invite applicants and employees to self-identify as to disability, but also to prohibit such inquiries. However, the OMB has now approved Form CC-305 for continued use through July 31, 2029, with no changes from the prior version of the form.
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