EEOC moves to end EEO-1 reporting on race and gender

The Equal Employment Opportunity Commission (EEOC) sent a proposal to cease EEO-1 reporting to the White House last Thursday, the latest in a series of moves aimed at rolling back DEI progress.

The commission, led by Chair Andrea Lucas, also wants to cease some requirements related to Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Pregnant Workers Fairness Act, though it did not specify which ones.

EEO-1 reporting tracks race, sex, and national origin data at companies with more than 100 employees, and federal contractors with more than 50 workers. Employers are usually required to file their EEO-1 reports annually.

The decision could have serious consequences, according to Jenny Yang, partner at Outten & Golden and former EEOC chair.

“It’s been a critical tool for the EEOC to identify potential discrimination if an individual filed a charge, particularly issues like hiring discrimination can be very difficult to address without this data,” Yang told HR Brew.

EEO-1 data has been used for 60 years as a way to identify and assess potential discrimination, including in a 2017 lawsuit against Bass Pro Shops. The company paid a $10.5 million settlement over its hiring practices that allegedly discriminated against Black and Hispanic applicants.

“Looking at the broader workforce patterns can help ascertain whether there may be a broader issue that warrants further investigation,” she said. “The data itself doesn’t mean there’s discrimination, but it’s just an indicator or a metric that can help you understand where to focus your enforcement attention.”

Employers often use EEO-1 reporting as a way to help analyze their own DEI progress or to find signs of discrimination. Ending the process could impact their ability to track this anonymous data.

“My hope is that employers will continue to collect and analyze the data, because it’s critical to understand where there may be potentially unjustified barriers,” Yang said. “This data is essential to being able to identify those, so that employers can take proactive action to address and investigate any potential discrimination.”

This is not the first time Lucas, a vocal opponent of DEI, has targeted programs meant to ensure fair workplaces. Earlier this year she sent a letter to Fortune 500 companies warning them to “reject identity politics” and rescinded harassment guidance, HR Brew reported previously.

The proposal is being assessed by the White House, and then should be open for public comment. HR Brew reached out to the EEOC for comment but did not hear back at the time of publication.