A 60-Year EEOC Reporting Requirement Could Be Coming to an End

The U.S. Equal Employment Opportunity Commission (EEOC) recently proposed eliminating its longstanding demographic reporting requirements that date back 60 years and require employers and other covered entities to report aggregate workforce data by race and sex. The data helps the EEOC spot patterns within individual workforces that may warrant further investigation into possible discrimination and identify broader workforce trends and patterns of discrimination.

The EEOC’s stated rationale for eliminating these requirements is that it is costly and burdensome for employers, that the data is not necessary to enforce anti-discrimination laws, and that requiring employers to categorize employees by race and sex may conflict with Title VII’s focus on treating employees as individuals. The agency maintains that it would still be able to request specific workforce records when investigating a discrimination complaint.

However, many researchers, civil rights advocates, former EEOC officials, and others contend that this misses the point. At an August 11 hearing, 22 people testified, with most opposing the proposal. They argued that the data is essential for identifying systemic discrimination and tracking long-term workforce patterns. Some employer groups also opposed the change. One representative shared examples of companies that used their EEO-1 data to uncover problematic patterns in hiring and promotion. The public comment period for this proposal remains open through August 24. After reviewing the comments, the EEOC could move forward with a final rule, which would require approval by a majority of the Commission.

Given the Trump administration’s aggressive efforts to eliminate all things DEI, this EEOC proposal may not come as much of a surprise. The current EEOC Chair, Andrea Lucas, has been very explicit about her view that some DEI practices constitute race- or sex-based discrimination, including discrimination against white men. Lucas further maintains that the EEOC reports conflict with what she describes as Title VII’s requirement that employment practices be “colorblind,” arguing that every individual is entitled to equal treatment under the law.

At The Winters Group, we have long pushed back on the idea that being “colorblind” is the goal. We want people to see difference, not pretend it doesn’t exist. Race, gender, and other identities can shape how people experience the workplace and the opportunities afforded to them. That is precisely why these reporting requirements were put in place: to help identify whether groups that have historically experienced discrimination and exclusion continue to face workplace disparities.

At a time when organizations are already retreating from DEI, eliminating these requirements raises broader questions. Will organizations that currently collect this data because they are required to report it continue to collect and analyze it once that requirement disappears? And for organizations that collect and analyze the data voluntarily, particularly those whose commitment to DEI is tenuous, will this change be seen as an excuse to stop?

Inequities do not disappear because we stop measuring them. What can disappear is the visibility and accountability needed to address them. Whether demographic reporting remains a federal requirement or not, organizations still have a responsibility to understand who is experiencing inequity, where it is showing up, and act on what the data reveals.