EEOC Proposes Ending Mandatory Race and Gender Data Collection from Employers

The U.S. Equal Employment Opportunity Commission (EEOC) has proposed ending the mandatory EEO-1 reporting requirement, where employers must submit data on employee race and gender. The decision, passed by the agency's leadership with a 2-1 vote, overturns a practice that has been in place since 1966.

EEOC Chair Andrea Lucas argued that collecting such data could be at odds with civil rights laws that mandate "colorblindness" in employment practices. She stated that collecting race and sex data without specific allegations of discrimination risks hindering enforcement and raises constitutional concerns. The proposal also includes similar reporting requirements for unions, state and local governments, and public schools and is set to be finalized after a 30-day public comment period.

Commissioner Kalpana Kotagal, the sole Democratic member, voted against the proposal, warning it would "cripple the agency’s ability to investigate discrimination and protect workers." She dismissed concerns about the EEO-1 reporting being unconstitutional as "untethered from reality" and urged employers to continue tracking demographic data for compliance with anti-discrimination laws.

"These efforts should be seen for what they are: an attempt to weaken equal employment opportunity, and to undermine progress for women and historically marginalized communities," Kotagal stated. "It’s a 'See No Evil, Hear No Evil' approach. But discrimination doesn’t go away just because you erase the data. It just becomes harder to prove." Other advocates and former EEOC officials have also opposed the decision, arguing it will make identifying patterns of discrimination more difficult and hinder the agency's efficient use of resources.

The move is part of a broader shift at the EEOC that aligns with the current administration's directives targeting diversity, equity, and inclusion (DEI) in the workplace. The agency has previously pursued high-profile investigations, such as one into Nike, and secured significant settlements. If the proposed rule remains intact, employers will have fewer incentives to continue collecting demographic data or provide transparency into their hiring practices.