2026 EEO-1 Reporting Update: What Employers Need to Know

Every September, HR departments at employers with 100 or more employees typically turn to the same task: preparing and filing the EEO-1 report.

But 2026 is different.

The EEO-1 reporting requirement remains in the regulations, while the EEOC has proposed eliminating the report. At the same time, the filing portal has not opened, and no 2025 filing window has been announced.

What’s Happening with the EEO-1?

On July 21, 2026, the EEOC voted 2-1 to propose eliminating:

• The EEO-1 report for private employers
• The EEO-3 report for labor unions
• The EEO-4 report for state and local governments
• The EEO-5 report for public school systems
• The EEO-6 report for institutions of higher education
• Related recordkeeping and record-preservation requirements

The proposed rule was published in the Federal Register on July 23, 2026, and the public comment period closed on August 24, 2026. A public hearing was held on August 11.

The next step is for the EEOC to determine whether to issue a final rule. It is not yet known when that will happen or whether the final rule will match the proposal.

What Has NOT Changed?

This is the important part for employers.

The EEO-1 requirement is still in effect A proposed rule does not change the law.

Until a final rule is issued and becomes effective:

• 29 C.F.R. § 1602.7 continues to require covered employers to file by September 30.
• The EEOC could still open the filing portal.
• The EEOC could announce a delay or other filing instructions.
• Employers should not assume that the lack of a filing portal means the reporting requirement has been eliminated.

As of early September, the EEOC's data collections page stated that the 2024 EEO-1 Component 1 Data Collection was closed and that updates regarding the 2025 collection would be provided as they became available.

Employers Should Continue Maintaining Demographic Data

Even if the EEO-1 ultimately goes away, employers may still need demographic information for other purposes.

The EEOC can request workforce demographic information as part of:

• Discrimination charge investigations
• Compliance reviews
• Enforcement actions
• Litigation-related matters

In addition, demographic data can be important for an employer's own internal analysis.

Consider these situations:

• Reduction in force
  Employers may conduct adverse impact analyses to determine whether selection criteria disproportionately affect a protected group. Without current demographic data, conducting that analysis becomes more difficult.
• Pay equity
  Demographic information can be used as part of pay equity reviews. It can help employers identify potential disparities before they become a legal or employee-relations issue.
• Promotion and hiring reviews
  Employers can evaluate whether advancement or hiring practices are producing unexpected demographic patterns.
• Internal audits
  Maintaining appropriate data can help employers identify and address potential issues proactively.

The proposed EEO-1 changes do not eliminate existing discrimination laws. Title VII, the ADA, GINA, and the Pregnant Workers Fairness Act remain in effect.

Don't Forget State Requirements

Eliminating the federal EEO-1 would not eliminate state or local reporting requirements. Employers should review their obligations based on where they have employees.

For example:

• California
  Pay data reporting requirements apply to certain employers with 100 or more employees and at least one California employee.
• Massachusetts
  Certain large employers are required to submit a copy of their federal EEO-1 to the Commonwealth.
• Illinois
  Employers have separate equal pay certification requirements.

Employers should make sure their demographic and workforce data is sufficient to meet applicable state and local requirements independently of the federal EEO-1.

What About Federal Contractors?

The separate EEO-1 obligation that previously applied to certain federal contractors with 50–99 employees was tied to Executive Order 11246, which was revoked in 2025.

As a result:

• The 50–99 employee federal contractor requirement is no longer the operative federal threshold.
• The 100-employee threshold is currently the relevant threshold for EEO-1 reporting.

Practical Steps for Employers

For now, employers should take a prepare-but-monitor approach.

1. Prepare to File

• Have your Q4 2025 workforce data ready.
• Make sure employee counts and demographic information are accurate.
• Be prepared to file if the EEOC opens the portal or provides a filing deadline.

2. Don't Stop Collecting Demographic Information

Continue appropriate self-identification and demographic data collection processes.

Employers should:

• Keep demographic information current.
• Store it appropriately and separately from personnel records when appropriate.
• Limit access to individuals with a legitimate business need.
• Prevent demographic information from unnecessarily influencing hiring, promotion, or other employment decisions.

3. Review State and Local Requirements

Create an inventory of the reporting and certification requirements that apply to your organization.

Ask:

• Which states require demographic or pay data?
• What employee thresholds apply?
• What information must be maintained?
• When are reports or certifications due?

Keep Preparing, Monitoring, and Maintaining Workforce Data

The EEO-1 may be nearing the end of its long run, but employers should not treat the proposed elimination as the end of demographic data collection.

The EEO-1 has been part of federal workplace compliance for nearly 60 years. Whether the form survives or disappears, employers will still need to understand who makes up their workforce, where employees are represented, and what their workforce data may reveal about workplace practices.