The Republican majority on the Equal Employment Opportunity Commission (EEOC) voted 2-1 to repeal a 60-year-old requirement under U.S. anti-discrimination law that requires employers to annually submit data on the racial and gender composition of their workforce.
After Tuesday’s vote, the proposal will have a 30-day public comment period before final approval at a public hearing on Aug. 11.
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Here’s what you need to know:
What is the EEOC?
Founded in 1965, the EEOC is the U.S. federal agency responsible for enforcing workplace discrimination laws. The agency investigates employers accused of discrimination based on race, color, religion, sex, national origin, age, or disability. We investigate approximately 88,000 complaints each year.
In addition to investigating complaints, the EEOC collects workforce demographic data, including employer racial and gender breakdowns, monitors broader workforce trends, and identifies systemic discrimination. This data is widely used by policy makers and other researchers.
The agency is currently headed by Andrea Lucas. He previously served as EEOC commissioner and then became acting chairman during President Donald Trump’s inauguration. She has been a vocal critic of diversity, equity, and inclusion (DEI) efforts. In 2023, she wrote an essay for Reuters arguing that companies should take a “hard look” at their DEI programs in the wake of the Supreme Court’s landmark ruling striking down affirmative action in higher education, which limited the use of race in college admissions.
There is only one Democrat left on the committee, Kalpana Kotagal, who was appointed by former President Joe Biden in 2022.
What rules does the EEOC want to eliminate?
This requirement is known as EEO-1 reporting. We collect aggregated demographic data from employers representing approximately 50 million workers across the United States. The report does not identify individual employees by name. Instead, we collect information such as race and gender.
In remarks posted on LinkedIn after the vote, Lucas argued that the reporting requirement “is in direct conflict with Title VII’s requirement that employment practices be color-blind,” adding that it “risks impeding effective enforcement and also raises constitutional concerns.”
Sharon Block, executive director of the Economics Center for Labor and Justice at Harvard Law School, denied the allegations.
“EEO reports only provide the government with a snapshot of the composition of the workforce. These reports do not force employers to hire or not hire anyone. This is data, and neither employers nor the federal government should be afraid to share data,” Block told Al Jazeera. She previously served under former Democratic President Barack Obama on the National Labor Relations Board (NLRB), an independent agency charged with enforcing workers’ rights to organize and challenge unfair labor practices.
Lucas said the agency will continue to request demographic data when investigating companies accused of discriminatory practices. He also said that preparing the report costs employers an estimated $275 million a year, while administering the program costs the EEOC about $4 million a year.
Why is data important?
This data will help researchers and policymakers better understand the demographics of the U.S. workforce, measure progress over time, and identify areas where disparities remain.
“Cancelling the collection of these valuable data would undermine the EEOC’s ability to evaluate and investigate charges filed with it, as well as its ability to tailor its activities and guidance to industries or areas where evidence shows barriers may exist,” EEO Leaders, a coalition of former EEOC executives, said in a statement to Al Jazeera.
For example, EEOC data records changes in the number of women in senior management and executive positions at major corporations. In 2013, women held 29.2% of executive-level roles. By 2023, this number has increased to 34.5%.
The data also shows that black and Hispanic men remain underrepresented in executive leadership. White men make up about one-third of the U.S. workforce, but hold 52.7% of executive-level positions.
It also highlighted industries with significant gender disparities. According to the 2022 report, between 2014 and 2022, women made up less than 23 percent of the technology sector workforce. Women make up 59.6% of employees in the finance and insurance industry, but only 33.1% of them hold executive-level positions.
“If adopted as a final rule, this proposal would deprive employers of information about their industry that could be an early warning signal of potential discrimination in their workplaces,” the EEO leader continued.
Will the termination of data affect the investigation?
The EEOC says that’s not the case. The agency said it will continue to request demographic data while investigating allegations of discrimination.
“For any particular investigation, the EEOC can issue an information request asking for demographic data, but if the employer does not keep the data, it may be difficult to provide that data,” Chai Feldblum, president of EEO Leaders and a former EEOC commissioner under President Obama, told Al Jazeera.
Title VII continues to require employers to maintain employee records in case they are investigated for alleged discrimination.
The EEOC cannot publicly release EEO-1 data for individual companies, but it can release the information in aggregate form.
Separately, 24 S&P 100 companies voluntarily disclosed employee demographic data last year.
What other labor protections have been eliminated under the Trump administration?
The proposed rollback is not isolated. President Trump rescinded an order requiring federal contractors to comply with affirmative action requirements.
An executive order issued in January 2025 requires employers to continue to comply with civil rights laws, but they are no longer required to have workforce diversity programs or affirmative action plans.
The administration is also moving to eliminate DEI programs across the federal government, alleging that some companies’ DEI policies may violate federal anti-discrimination laws and putting pressure on private sector employers. For example, Lucas earlier this year encouraged white men to file complaints alleging workplace discrimination based on race and gender.
“The Trump administration’s proposal to roll back requirements for employers to share information about their employees’ race and gender is not surprising, but it is still deeply disappointing. It fits the pattern of how this administration approaches working people. It seems like working people don’t want to know even basic information about the challenges they face,” Block added.
Trump also rolled back Biden-era wage protections, including rescinding an executive order requiring many federal contractors to pay workers a minimum wage of $17.75 an hour, adjusted annually for inflation. The Biden administration was introducing the increase after Congress failed to pass an increase in the federal minimum wage.
The Trump administration’s Department of Labor has also moved to restrict collective bargaining rights for federal employees, saying the changes are necessary to improve government efficiency and protect national security. Unions are challenging the move in court, saying it undermines federal employees’ long-standing rights.
The NLRB currently lacks a quorum to operate fully. The normally five-member board lacks the minimum three members needed to make decisions on cases and appeals, limiting its ability to establish new labor law precedents.
