EEOC Proposes Ending EEO-1, Prompting Federal Compliance Review
On May 14, 2026, the EEOC submitted a rule proposal to rescind the EEO-1 reporting requirement.
Why it matters: Federal contractors, in-house counsel, and law firm advisors face compliance uncertainty if EEO-1 is repealed. Current obligations persist, so legal teams must track regulatory updates that impact workplace demographic disclosures and potential audits.
- EEOC filed a proposal on May 14, 2026, to end EEO-1 and related reports.
- OIRA review can last up to 90 days before public comment begins.
- Employers with 100+ workers must still file EEO-1 until rule changes are finalized.
- Executive Order 14168 already stopped optional nonbinary data collection from January 2025.
The Equal Employment Opportunity Commission (EEOC) moved on May 14, 2026 to rescind the federal EEO-1 workforce reporting mandate. The agency delivered its proposal to the Office of Information and Regulatory Affairs (OIRA), now sparking legal and compliance questions for US employers.
- The annual EEO-1 Component 1 report requires private employers with 100 or more employees, and qualifying federal contractors, to submit workforce data covering race, gender, and job category annually since 1966 (EEOC).
- EEOC's proposal follows Executive Order 14168, which as of January 2025, ended optional reporting on nonbinary employees.
- OIRA has up to 90 days for review; if accepted, public comments will open before final rulemaking (OIRA).
Legal experts warn against premature shifts in practice. Chris Foley, OutSolve EEO-1 Reporting consultant, notes: “EEO-1 Reports have been a long-standing mandate since 1966; and a complete rescission would likely face significant pushback within the OIRA. Employers should continue to operate under the assumption that the EEO-1 filing will remain required.”
In-house teams, legal operations, and HR must continue preparing for 2026 EEO-1 filings. The EEOC has not indicated alternative reporting mechanisms, so regulated employers need to monitor for agency updates and OIRA decisions. Until the rulemaking process concludes, legal requirements remain unchanged.
By the numbers:
- 1966 — Year EEO-1 reporting was first required for large employers.
- 90 days — Maximum period OIRA may review the EEOC proposal.
- 2025 — Year nonbinary data reporting was eliminated under Executive Order 14168.
Yes, but: Legal challenges or legislative intervention could delay or block the rescission, and OIRA review may prompt revisions before rule changes take effect.
What's next: If OIRA grants approval, a public comment period will begin. Final decisions may follow later in 2026.