On May 14, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) submitted a proposed rule to the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) titled “Rescission of EEO-1, EEO-2, EEO-3, EEO-4, EEO-5, and Reporting Requirements Under Title VII, the ADA, DINA, and the PWFA.” If enacted, the proposal would eliminate longstanding workforce demographic reporting requirements for certain employers and other entities.
The Reports
The EEO-1 report is the most commonly known of these filings. It is an annual, mandatory data collection requiring most private sector employers with 100 or more employees to submit workforce demographic information about sex, race, and ethnicity by job category. EEO-2 through EEO-5 impose similar (generally biennial) reporting obligations on unions, state and local governments, and schools.
These reports have been required since 1966. In recent years, particularly under the Trump administration, however, there have been administrative efforts to reevaluate workplace diversity-related compliance and reporting obligations.
The Proposed Rule
While the contents of the proposal are not yet public, the title indicates an intention to rescind the obligations on qualifying employers, unions, state and local governments, and schools to report demographic data. In addition, it would likely remove current requirements related to Title VII of the Civil Rights Act, the American with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA), and the Pregnant Workers Fairness Act (PWFA). If passed, the rule presumably stands to greatly limit federal oversight into private employer demographics.
What’s Next?
Under Executive Order 12866, OIRA has up to 90 days (until August 12) to review the proposed rule, with the potential for further extension. In fact, the agency has already held meetings to discuss the proposed rule. If approved, the EEOC will publish the proposed rule in the Federal Register for review and public comment. After the public comment period closes, the EEOC will review the submissions, may revise the proposed rule, and could issue a final rule in the coming months.
Conclusion
As the proposed rule is still undergoing administrative review, employers covered by the EEO-1 reporting obligations should continue to comply with current filing requirements and applicable deadlines. Additionally, employers should stay apprised of any developments as the proposal undergoes administrative review. Moreover, employers should always check for applicable state requirements in addition to the federal rules.
As always, Saul Ewing will continue to track this and other employment related proposals and their implications for employers. If you have any questions about the impact of the proposed rule, please feel free to reach out to the authors of this post or your regular Saul Ewing attorney.
