EEOC: Our Discrimination Reports Were Basically Useless
Published Date: 7/23/2026
Proposed Rule
Summary
The EEOC wants to stop requiring employers to file several annual reports about their workforce because these reports don’t really help fight discrimination and create extra work. This change affects all employers who currently submit these reports and aims to save time and money. Comments are open until August 24, 2026, with a public hearing on August 11, so now’s the time to speak up!
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
EEOC to Remove EEO-1 through EEO-6
The EEOC is proposing to rescind and remove the annual filing requirements for the EEO-1, EEO-2, EEO-3, EEO-4, EEO-5, and EEO-6 reports and the recordkeeping and record-preservation requirements tied to those reports. If finalized, employers who currently submit any of those reports would no longer be required to file them and would no longer have to keep the specific records tied to completing those reports.
EEO-1 Filing Thresholds Affected
The proposal would remove the EEO-1 reporting obligation that historically required private employers with 100 or more employees and certain federal contractors with 50 or more employees and at least $50,000 in federal contracts to report employee demographic breakdowns. Employers meeting those size and contractor thresholds would no longer be subject to the EEO-1 reporting requirement if the rescission is finalized.
Recordkeeping Duties for Public Employers Removed
The EEOC proposes to rescind recordkeeping provisions tied to EEO reports that require political jurisdictions with 15 or more employees to keep records needed to complete the EEO-4 report and similar recordkeeping obligations for public elementary/secondary schools tied to EEO-5. If finalized, those specific recordkeeping/preservation duties linked to the EEO-4 and EEO-5 reports would be removed.
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Key Dates
Department and Agencies
Related Federal Register Documents
2026-15340, Removal of Reporting Requirements; Public Hearing
The Equal Employment Opportunity Commission (EEOC) wants to stop requiring certain employers to file workforce data reports and keep related records. They’re holding a public hearing on August 11, 2026, to hear your thoughts before making this change official. This could save time and money for businesses by cutting down on paperwork.
2026-21836, Agency Information Collection Activities: Extension Without Change of an Existing Collection; Comment Request
The Equal Employment Opportunity Commission (EEOC) wants to keep collecting the same info for three more years without changing anything. This affects businesses and individuals who provide info to the EEOC, and they’re asking for public feedback by December 28, 2026. No new costs or changes are planned—just a smooth extension to keep things running.
2026-21825, Sunshine Act Meetings
The Equal Employment Opportunity Commission (EEOC) is holding a public meeting on October 30, 2026, to discuss canceling rules about using arrest and conviction records in hiring decisions. Anyone can listen in person or online, but you need to register if attending live. This change could affect employers and job seekers, with no direct costs but important timing for those following hiring laws.
2026-20287, Performance Review Board Appointment of Members
The Equal Employment Opportunity Commission (EEOC) just announced the new members of its Performance Review Board, starting November 1, 2026. This board helps decide performance ratings, bonuses, and pay changes for top EEOC leaders. If you’re a senior EEOC employee, these changes could affect your reviews and rewards soon!
2026-17641, Federal Sector Equal Employment Opportunity
The Equal Employment Opportunity Commission (EEOC) proposes revising Federal sector EEO complaint rules to streamline processing, improve effectiveness, and implement the Cummings Act. The rule would end mandatory pre complaint counseling and remove the option to request administrative judge proceedings before a final agency decision. Complainants could seek such proceedings only on appeal, and the EEOC would order them only when necessary or efficient. The rule would bar administrative class complaint adjudication while preserving putative class assertions for exhaustion. The rule also allows joint processing of related individual complaints and updates pleading standards, mixed case procedures, attorney fee provisions, and required reports.
2026-14444, Commission Meeting-Sunshine Act Notice
The Equal Employment Opportunity Commission is holding a public meeting on July 21, 2026, to discuss scrapping several EEO reporting and recordkeeping rules. This change could lighten the paperwork load for employers and save time and money. Anyone can listen in or attend in person by registering ahead, with special services like ASL and captions provided.
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