OIRA Renews EEOC's Race and Sex Data Collection for 3 More Years

Race, sex, and ethnicity data collection for applicants is still required to be collected by employers under a recent approval by the Office of Information and Regulatory Affairs (OIRA). On June 24, they extended approval for the EEOC's Uniform Guidelines on Employee Selection Procedures (UGESP) information collection through June 30, 2029.

What this means for employers? Nothing changed—the obligation continues exactly as before, with no relaxation of recordkeeping duties.

Here's what happened, why it matters, and what your organization should do next.

What Did OIRA Actually Approve?

The EEOC's information collection tied to the Uniform Guidelines on Employee Selection Procedures (UGESP) was set to expire in 2026. OIRA approved a three-year extension following the EEOC’s renewal submission.

The official designation tells the story: this was an "Extension without change of a currently approved collection." In plain terms, the requirement continues exactly as it stood before. No new obligations were added. None were removed.

“Reliable data is the foundation of a defensible workforce strategy. Employers that consistently collect, maintain, and analyze applicant and employee information can identify potential disparities earlier, correct weaknesses in their processes, and respond confidently when their practices are scrutinized. The value of this data extends well beyond compliance because it helps organizations make stronger, more consistent workforce decisions,” said Vickie LeNormand, Sr. VP Operations at OutSolve.

Why Does This Requirement Exist?

The legal foundation of this requirement is under Title VII of the Civil Rights Act of 1964. The UGESP framework serves a specific compliance purpose. According to the EEOC's Supporting Statement, the guidelines "are designed to assist employers to comply with requirements of federal law prohibiting employment practices that discriminate on the basis of race, color, religion, sex, and national origin."

To make that possible, the regulations allow employers to track applicant demographics. As the Supporting Statement explains, employers are expected to "collect and keep race, sex, and ethnicity information about each of their applicants."

Why Was A Renewal Needed?

Federal information collections don't continue indefinitely on their own. Under the Paperwork Reduction Act (PRA), every federal information collection must be re-approved every three years and must pass through OMB and OIRA review.

That review cycle is exactly what played out here. The EEOC published its required Federal Register notices, OIRA conducted its review, and the collection received a fresh three-year approval. The process is administrative, but the outcome carries real weight for employers.

What Records Can Federal Agencies Inspect

This is where the renewal becomes more than a paperwork formality. The data employers collect under UGESP is fully accessible to federal investigators.

The EEOC, the Department of Labor (DOL), and the Department of Justice (DOJ) can demand and inspect these records under their respective investigative authorities. For example, in connection with any investigation of an employment discrimination charge, the EEOC has the right to access and copy any relevant documents.

Translation: incomplete or disorganized applicant data isn't just a missed administrative step and can quickly turn into a liability during an investigation.

What HR Teams Should Do Now

With the requirement locked for another three years, the practical move is to make sure your collection and recordkeeping practices can withstand scrutiny. A few priorities stand out:

• Confirm you're capturing the right data. Race, sex, and ethnicity information should be collected for every applicant, not just new hires.
• Keep records organized and retrievable. If the EEOC, DOL, or DOJ comes calling, you'll need to produce relevant documents quickly.
• Audit your disposition practices. Review applicant disposition reasons to ensure they are complete, consistently applied, and tied to job-related criteria. Missing or vague dispositions make analyses unreliable and harder to defend.
• Use the data proactively. Running analyses of hires, promotions, terminations, and compensation helps you spot disparities before they turn into potential discrimination claims
• Centralize your workflow. Electronic solutions reduce the risk of gaps and make audits far less stressful.

The renewal doesn't add to your workload. But it does remove any doubt that this requirement is here to stay.

The smartest response is to treat this renewal as a prompt to review your own processes. Strong data collection isn't only about satisfying federal investigators—it's a tool for building a fairer, more defensible workplace. By refreshing your tools and workflows now, you set your organization up for long-term compliance and peace of mind.

Subscribe to our weekly newsletter to get insights like this delivered straight to your Inbox.