EEOC Proposes Rescission of EEO-1 Report
The EEOC voted 2 to 1 on Tuesday, July 21st to issue a Notice of Proposed Rulemaking (NPRM) to rescind the requirement for employers and other covered entities to file an annual report with the EEOC summarizing aggregate data on their employees’ race and sex (reports known respectively as the EEO-1, EEO-2, EEO-3, EEO-4, EEO-5, and EEO-6 reports or EEO Data Reports). This includes the rescission of recordkeeping requirements related to these reports.
The proposal states that the Commission has determined the EEO Reports are inconsistent with equal employment opportunity law, may raise constitutional concerns, and that the collection of data is not narrowly tailored or necessary to enforce anti-discrimination statutes. EEOC determined that the reports, which had been collected since, 1966, have limited value, which was outweighed by the significant burdens they impose on employers and on the Commission.
Once the NPRM is published in the Federal Register, individuals will have only 30 days to submit comments on the 60-page proposal. The Institute for Workforce Equality is planning to submit comments.
Please contact your FortneyScott attorney or email us at info@fortneyscott.com with any thoughts you have on the proposed rescission, or on employer record-keeping obligations generally.

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