EEOC Votes to End Employer Race and Gender Data Reporting

The Equal Employment Opportunity Commission (EEOC) voted this week to eliminate the mandatory EEO-1 reporting requirement, which has compelled most employers to disclose a confidential breakdown of their workforce by race and gender since 1966. This mandate applies to companies with 100 or more employees and federal contractors with 50 or more employees, serving as a tool for the agency to enforce antidiscrimination laws. The EEOC's 2-1 vote proposes to end this data collection, alongside similar disclosures from unions, state and local governments, and public schools. The proposed rule will be finalized after a 30-day public comment period.

EEOC Chair Andrea Lucas, appointed by President Trump, argued that the EEO-1 reporting requirements may conflict with civil rights law, stating in a statement that "The EEO Data Reports stand in direct tension with Title VII’s requirement that employment practices be colorblind." She further contended that collecting such demographic data without a specific allegation of discrimination "risks hindering effective enforcement of equal employment laws but also raises constitutional concerns."

Commissioner Kalpana Kotagal, the sole Democratic commissioner, dissented from the vote, asserting that the elimination of EEO-1 reporting would "kneecap the agency’s ability to investigate discrimination and protect workers." Kotagal dismissed the constitutional concerns as "untethered from reality" and encouraged employers to continue tracking demographic data for compliance with antidiscrimination laws. She characterized the move as an "attempt to weaken equal employment opportunity, and to undermine progress for women and historically marginalized groups."