What the EEOC Proposed
On July 21, 2026, the Equal Employment Opportunity Commission voted 2-1 to advance a Notice of Proposed Rulemaking (NPRM) that would eliminate the EEO-1 Component 1 report, along with the EEO-2 (union), EEO-3 (local government), EEO-4 (state government), EEO-5 (elementary and secondary school), and EEO-6 (higher education) reports and their related recordkeeping requirements. The proposal was published in the Federal Register on July 23, 2026, opening a 30-day public comment period.
Chair Andrea Lucas and Commissioner Brittany Panuccio voted in favor of advancing the proposal; Commissioner Kalpana Kotagal voted against it. The EEO-1 report has been a standing federal data-collection requirement for roughly six decades, so a rescission of this scope would represent a substantial change to employer reporting obligations if finalized.
ℹ️This Is a Proposal, Not a Final Rule
Nothing about current EEO-1 filing obligations has changed as a result of this vote. Employers currently required to file EEO-1 reports must continue to do so under existing rules until and unless a final rule is adopted. The rulemaking process includes public comment, potential revision, and a final vote before any change takes legal effect.
Who the EEO-1 Currently Covers
| Employer Type | Filing Threshold |
|---|
| Private employer | 100 or more employees |
| Federal contractor | 50 or more employees, contract of $50,000 or more |
Rulemaking Timeline
CompletedJuly 21, 2026 — EEOC votes 2-1 to advance the NPRM
The Commission approved publishing the proposed rule for public comment.
CompletedJuly 23, 2026 — Published in the Federal Register
Publication opened the formal 30-day public comment period.
Upcoming · Aug 7, 2026Deadline to request testimony at the public hearing
Parties wishing to testify at the scheduled hearing must submit requests by this date.
Upcoming · Aug 11, 2026Public hearing on the proposed rule
The EEOC will hold a public hearing to take testimony on the rescission proposal.
Upcoming · Aug 22, 2026Public comment period closes
The Commission will review all comments received before deciding whether and how to proceed toward a final rule.
Open Questions: The 2025 Filing Cycle
One practical uncertainty for employers is whether the proposed rescission would affect the EEO-1 filing cycle for 2025 workforce data, which is typically collected in the spring and would use employee counts from a Q4 2025 "workforce snapshot" pay period. As of the NPRM's publication, the EEOC had not opened that collection portal on its usual schedule, leaving employers without clear guidance on whether or when a 2025 filing will be required. Federal contractors should note that separate EEO reporting obligations tied to federal contracts are not addressed by this proposal and remain in effect regardless of the EEO-1 rulemaking's outcome.
⚠️What This Proposal Does Not Change
The NPRM is limited to the EEO-1 through EEO-6 reports and their specific recordkeeping requirements. It does not affect Uniform Guidelines on Employee Selection Procedures (UGESP) recordkeeping, or OFCCP's audit and compliance authority under Section 503 of the Rehabilitation Act or the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA), which continue to apply to covered federal contractors independent of this rulemaking.
Action Checklist for Payroll and HR Compliance Teams
Required · NowContinue current EEO-1 filing obligations without interruption
Nothing in the proposal changes today's requirements. Covered employers should proceed as if the current rule remains in force until a final rule says otherwise.
Best PracticeMonitor the EEOC filer portal for 2025 cycle guidance
Given the uncertainty around the 2025 filing cycle's timing, check the EEOC's EEO-1 filer site periodically rather than assuming the cycle has been cancelled or postponed indefinitely.
If ApplicableSubmit comments during the open comment period if desired
Employers, trade associations, and other interested parties may submit written comments on the proposal through the Federal Register docket before the comment period closes.
If ApplicableFederal contractors: continue separate EEO contract obligations
This proposal does not modify OFCCP compliance evaluation authority or contract-based EEO reporting requirements tied to Section 503 or VEVRAA.
