EEOC Proposes Rescinding EEO-1 Report: What HR Must Know

On May 14, 2026, the Equal Employment Opportunity Commission (EEOC) proposed rescinding the EEO-1 filing requirement. The EEOC sent a request to the Office of Information and Regulatory Affairs (OIRA), following a trend of executive orders disrupting long-standing reporting and demographic data collection requirements. The proposal targets not only the EEO-1 filing but also EEO-2, EEO-3, EEO-4, and EEO-5 reports.

It is important to note that a proposal or request for review is not a final rule. Current compliance obligations for the 2025 reporting cycle remain intact, and employers should not halt data collection or report preparation.

The Current Legal Status of EEO-1 Reporting

At this time, there has been no change to existing EEO-1 reporting obligations, just a proposal. The EEO-1 report remains a mandatory annual filing requirement for covered employers.

This reporting requirement is authorized under Title VII of the Civil Rights Act of 1964. Specifically, Section 709(c) permits the EEOC to require employers to maintain records and submit workforce data. Federal regulations (29 C.F.R. Part 1602) implement this requirement and remain firmly in effect.

“EEO-1 Reports have been a long-standing mandate since 1966; and a complete rescission would likely face significant pushback within the OIRA. Employers should continue to operate under the assumption that the EEO-1 filing will remain required,” said Chris Foley, OutSolve Consultant and EEO-1 Reporting expert.

What Employers Should Do Now

At this stage, no change to your current processes is required. Employers required to submit this report should still:

• Prepare for 2025 Reporting: Continue preparing for the 2025 EEO-1 reporting cycle, due September 30, 2026. OutSolve Consultants are monitoring the portal opening window.
• Maintain Data Collection: Proceed with maintaining your current data collection and reporting processes. Running analyses of hires, promotions, terminations, and compensation enables your organization to ensure equal employment opportunity and meritocracy, simultaneously addressing the multiple competing interests in the current compliance environment.
• Monitor Announcements: Keep an eye out for official EEOC announcements regarding filing dates and any update to the proposal to rescind, or subscribe to OutSolve’s newsletter for weekly insights delivered to your Inbox.

Understanding the Regulatory Process

The current discussion relates to a proposal to rescind the requirements submitted for regulatory review. It is crucial to distinguish between an initial request and a final, actionable rule. For any change to actually take effect, the federal government must complete a formal, multi-step rulemaking process.

• Approval and Review: The proposal must first be approved by the Office of Management and Budget (OMB) under Executive Order 12866.
• Public Comment: Compliance with the Administrative Procedure Act (APA) requires notice and an opportunity for public comment.
• Publishing a Final Rule: The EEOC would have to review the feedback and publish a final rule seeking rescission, providing clear justification for the change.

This process typically takes a substantial amount of time and is highly subject to legal challenges. Ultimately, completing these steps before the 2026 calendar year deadline arrives seems unlikely. The Code of Federal Regulations currently continues to prompt each covered employer to file this report before the September 30 deadline, meaning you should continue collecting your data for reporting.

Keeping Your HR Operations on Track

Regulatory environments will always evolve, but a proactive approach ensures your organization stays protected. Until a formal proposed rule is published and clear compliance guidance is issued by the EEOC, this proposal remains a watch item rather than a compliance change.

Continue to streamline HR processes, collect the necessary race, ethnicity, and gender data, and prepare for the upcoming 2025 reporting cycle as usual. OutSolve is actively monitoring developments and will provide updates if a formal proposed rule is published, filing requirements or timelines change, or clear compliance guidance is issued by the EEOC.