EEOC Proposes Ending Employer Data Reporting

The Equal Employment Opportunity Commission submitted a proposed rule May 14 that rescinds the requirement that certain employers submit annual workforce demographic data reports to the commission.

Since 1966, employers with more than 100 employees and certain federal contractors with more than 50 employees must annually report workforce demographic data.

Those disclosures included racial, ethnic, and gender data, which EEOC used in discrimination investigations and for assessing trends in certain industries and regions.

EEOC submitted the proposal to rescind EEO-1, EEO-2, EEO-3, EEO-4, and EEO-5 reporting requirements to the Office of Management and Budget.

Impacted employers are advised to still prepare for reporting 2025 data.

The proposed changes roll back 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.

If approved by OMB, the proposal will be posted in the Federal Register for public comment.

In the interim, impacted employers are advised to still prepare for reporting 2025 data, as the proposed change only applies to future years.

However, while EEOC usually opens the online reporting portal each May, that had not occurred as of May 22.