Don’t Let “Likely to End” Become “Caught Off Guard”: EEO-1 Prep

The state of federal EEO reporting is in flux. In May 2026, the EEOC moved to end the annual filing where employers report workforce demographic data to the federal government. But “in flux” does not mean “gone.” The proposal still has to clear a White House review process that can take several months, plus additional rulemaking steps before it becomes final. Until then, the old rule controls:

• Private employers should be prepared to file their 2025 EEO-1 report sometime in 2026, but a specific filing window has not been announced, and the timing could shift depending on how the recission process unfolds.
• If you’ve already written off EEO-1 reporting obligations, fix that now. Nothing is final yet.

Even if the federal requirement is rescinded, that does not eliminate state law reporting requirements. Several jurisdictions, including California, Colorado, Illinois, Massachusetts, and New York City have their own workforce demographic or pay data programs, and none of them depend on EEO-1 survival. Each of these jurisdiction specific requirements stay on the books regardless of what the EEOC decides.

And it may not stop there. States that do not currently have demographic reporting requirements may follow suit. State legislatures and civil rights agencies have repeatedly used federal rollbacks as the trigger to enact their own requirements, not the reason to stand down.

The bottom line: keep 2025 EEO-1 preparation on track, confirm exactly which jurisdiction-specific filing obligations apply to you, and watch legislative activity in states where you have real headcount but no current state-level reporting. Waiting to see what the EEOC does is not a strategy. It’s exposure.

Our team of lawyers tracks these federal and state developments as they unfold and can help you determine which reporting obligations apply to your workforce. Contact us for assistance.

Disclaimer: This content is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Employment laws vary significantly by state and circumstance. Please contact our office regarding your specific situation.