Since taking office, a central focus of the Trump Administration has been increased regulatory scrutiny of Diversity, Equity, and Inclusion (DEI) programs in the workplace. Consistent with this effort, on May 14, 2026, the Equal Employment Opportunity Commission (EEOC) submitted a proposed rule to the Office of Management and Budget (OMB) 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.” For employers, this proposal represents another notable step in the Administration’s broader efforts to shift the focus away from DEI initiatives and toward enforcement of traditional federal civil-rights protections.
Although the contents of the proposal have not yet been publicly released, the title suggests the EEOC is seeking to eliminate existing EEO data collection obligations. Since 1966, private employers with 100 or more employees, as well as certain federal contractors with 50 or more employees, have been required to file an annual EEO-1 Component Data Collection report with the EEOC. The EEO-1 requires employers to submit workforce demographic data, including data by job category and sex and race or ethnicity. Similar obligations exist for unions, state and local governments, and schools. Currently, EEO-1 reports allow the EEOC to identify demographic patterns that may prompt further investigation and determine whether individual allegations of discrimination may be part of a broader pattern or practice of discrimination. The EEOC may rely upon these reports as evidence in litigation, although they are not conclusive proof of discrimination.
Do employers still need to submit a 2025 EEO-1 report?
Likely, yes. Currently, this is only a proposed rule that still must proceed through the rulemaking process. If the OMB moves the proposed rule forward, it will be published in the Federal Register for public comment. Until a final rule is issued, current EEO-1 reporting obligations remain in effect for employers subject to those requirements.
The EEOC has not yet opened its online portal for employers to submit 2025 EEO-1 data. For the 2024 EEO-1 reporting cycle, the portal opened in late May 2025. McMahon Berger will keep you updated on this issue as further developments arise.
The St. Louis employment attorneys at McMahon Berger have been representing employers across the country in labor and employment matters for over sixty years and are available to discuss these issues and others. As always, the foregoing is for informational purposes only and does not constitute legal advice regarding any particular situation as every situation must be evaluated on its own facts. The choice of a lawyer is an important decision and should not be based solely on advertisements.
