On July 21, 2026, the EEOC voted to issue a Notice of Proposed Rulemaking (NPRM) that would end the requirement for covered employers to file annual demographic data reports, and eliminate the recordkeeping obligations tied to them. In this compliance alert, we break down what’s being proposed and what employers should do while the rulemaking process plays out.
Summary
In a recent announcement, the EEOC voted to issue a Notice of Proposed Rulemaking (NPRM) entitled, Removal of Reporting Requirements, that would eliminate the requirement for employers and other covered entities to file annual EEO Data Reports (EEO-1 through EEO-6) along with the associated recordkeeping requirements. This NPRM follows an earlier procedural step in which the EEOC submitted the proposal to the Office of Information and Regulatory Affairs for review in May.
In the NPRM, the Commission determined the EEO Data Reports are inconsistent with equal employment opportunity law, may raise constitutional concerns, and that data collected isn’t narrowly tailored or necessary to enforce anti-discrimination statutes. It concluded that any limited value of the reports is outweighed by the burden of collecting them. The Commission’s authority to request specific, tailored records relevant to a charge investigation, however, remains unchanged.
The NPRM will be published in the Federal Register for a 30-day public comment period, with a public hearing scheduled for August 11, 2026 (requests to testify are due by August 7).
Who Is Impacted and What Actions Are Required?
This is a proposal, not a final rule, and there is no immediate impact to employers. Current EEO-1 filing obligations remain in full effect. Guidance for employers (including federal contractors), government agencies, nonprofits, and HR compliance and DEI teams remains the same:
- Keep collecting and preparing demographic data as usual for the 2026 filing cycle unless and until the rule is finalized.
- Title VII’s underlying recordkeeping provisions—including the Uniform Guidelines on Employee Selection Procedures—aren’t touched by this proposal and remain a separate, ongoing obligation regardless of what happens to EEO-1 filing.
- Watch state and local requirements separately: California, Colorado, Illinois, Massachusetts, and Minnesota already require similar demographic and pay data reporting, and other states may move to fill any federal gap.
How Affirmity Can Help
Affirmity empowers employers to stay ahead of evolving employment regulations. Through our HR technology and compliance services, organizations gain the workforce intelligence needed to effectively mitigate risk across federal, state, and local requirements.
We equip HR, EEO, legal, and compliance leaders with the visibility and tools necessary to drive consistent, equitable, and legally defensible employment practices at scale.
It remains critical that organizations do not stop reviewing and analyzing workforce data, even if federal reporting requirements change. We offer:
- EEO-1 and VETS-4212 reporting software: Prove compliance with EEO laws protecting veterans and other protected groups
- Workforce Representation and Decision Analytics: Analyze workforce data across the full employment lifecycle to identify disparity patterns and areas of risk
- Pay Equity Analysis: Identify unexplained compensation gaps across gender, race, and other protected classes before they become legal exposure
- State/local Jurisdiction Reporting: Meet state and local reporting obligations as needed based on your requirements
Protect your organization and learn more about what Affirmity has to offer: Contact our team of experts today.
About the Author
Stephen Caldwell is a Manager of Consulting Services at Affirmity. In this role, he leads and manages a team of Affirmity consultants, providing consulting and project management in workforce compliance programs. He has assisted clients in the utility, healthcare, defense, telecommunications, energy, chemical, and other industries.
Mr. Caldwell has been with Affirmity for more than sixteen years and has over 30 years of experience in human resource consulting and diversity planning.