EEOC Votes to End 60-Year-Old Diversity Reporting Rule

The U.S. Equal Employment Opportunity Commission (EEOC) voted on Tuesday to rescind a 60-year-old requirement for tens of thousands of private sector employers to submit annual workforce demographic reports. This data collection requirement has been in place for six decades and has endured through 10 Republican and Democratic administrations. The proposal, which is now open for a 30-day public commentary period before final approval, was approved by the agency's Republican majority in a 2-1 vote.

EEOC Chair Andrea Lucas, who argued against the reporting requirement, stated that it risks encouraging companies to justify discriminatory practices in an effort to diversify their workforce. She expressed concerns that the reports "may promote racial stereotyping at work, and it may encourage employers to engage in discrimination." Lucas has previously been an outspoken critic of diversity and inclusion practices and has encouraged white men to report discrimination complaints.

Former Democratic EEOC commissioners and civil rights organizations have strongly opposed the proposal. They contend that rescinding the rule will remove a critical tool for the agency to identify patterns of discrimination and monitor the progress of women and racial minorities in the workforce since the Civil Rights Act of 1964. This landmark legislation established the EEOC and prohibited employment discrimination based on race, color, sex, national origin, and religion.

The EEOC historically utilized the data from these demographic reports to inform its enforcement priorities and guide investigations. The agency receives over 88,000 worker complaints annually, and the rescinded reporting rule was a significant source of information for its operations.