EEOC Filing Signals Likely End to EEO-1 Reporting

Since 1966, employers with 100 or more employees have been required to file the Standard Form 100, popularly known as the EEO-1 Report, annually. This form collects information on all of an employer’s work locations and the number of employees at each location by job category, sex, and race or ethnicity. Similar reports must also be filed periodically by labor unions (the EEO-3), state and local governments (the EEO-4), and public and secondary school systems (the EEO-5).

On May 14, 2026, the Office of Information and Regulatory Affairs (OIRA) received from the EEOC a proposed rule titled: Rescission of EEO-1, EEO-2, EEO-3, EEO-4. EEO-5, And Reporting Requirement Under Title VII, the ADA, GINA, and the PWFA. 

OIRA will now be responsible for formally reviewing this proposed rule to ensure consistency with presidential policies, priorities, and legal requirements. At the end of this review, which should take no more than 90 days, the rule is expected to be approved for publication in the Federal Register. 

For the time being there is no other publicly available information regarding the substance of this proposed rule other than its title. However, based on the title and Project 2025’s proposal to eliminate EEO-1 reporting, it seems likely that EEO-1 reporting will soon come to an end.

If the EEOC does discontinue EEO-1 reporting, it is likely employers will still have to file 2025 EEO-1 reports (which would normally be filed during calendar year 2026) because, pending implementation of a final rule, reporting is still required under the rule currently in effect. Should the EEOC choose not to proceed with the 2025 report, it is possible that the Commission will be sued to compel the 2025 collection much as the EEOC was sued during the first Trump administration when it sought to discontinue EEO-1 Component 2 reporting on pay and hours worked.   

If the EEOC publishes a final rule ending EEO-1 reporting, Congress could still act under the Congressional Review Act to overturn the EEOC’s action. Depending on the results of the midterm elections and the timing of a final rule rescinding EEO-1 reporting requirements, that is a real possibility. However, even if the House and Senate pass a resolution of disapproval, it would not be effective unless signed by President Trump, which seems unlikely. While such a presidential veto could be overridden, that would require a two-thirds majority vote in both chambers, which also seems unlikely.

Therefore, after 60 years, EEO-1 reporting seems likely to come to an end sometime over the next few years.