EEO-1 Component 1
Quick answer
- Do we still have to file the EEO-1?
- Yes. The EEOC has proposed rescinding it, but the proposal is not final and the requirement remains in force.
- Who files?
- Private employers with 100 or more employees, reporting workforce counts by job category, sex, and race or ethnicity.
- What should we do now?
- Keep collecting the data and stay ready to file. Several states require the same data independently of the federal rule.
Due: 30 September (typical cycle) - portal opening not yet announced
Applies to: Private employers with 100+ employees
Filed with: EEOC, via the EEO-1 Component 1 Online Filing System
Status: Rescission proposed, not final. Obligation remains in force.The EEO-1 Component 1 report is the annual workforce demographic filing collected by the U.S. Equal Employment Opportunity Commission. It has run in some form since 1966. Private employers with 100 or more employees report headcount by job category, sex, and race or ethnicity, for every establishment they operate.
The reason this page exists right now is that the collection is under an active rescission proposal that has not been finalised. A great deal of published commentary is already out of date. The obligation has not gone away.
Where the rescission stands
| Date | What happened |
|---|---|
| 21 May 2026 | EEOC submitted a proposed rule to OIRA for review (RIN 3046-AB37). |
| 21 July 2026 | The Commission voted 2-1 to issue the notice of proposed rulemaking. |
| 23 July 2026 | NPRM "Removal of Reporting Requirements" published. It would rescind the EEO-1 through EEO-6 collections and the associated recordkeeping and retention requirements. |
| 11 August 2026 | Public hearing held. No formal action taken. Roughly 1,500 comments filed by that point. |
| 24 August 2026 | Written comment deadline. Several groups sought an extension. |
| Today | No final rule. The filing obligation is fully in effect. |
The stated rationale in the proposal is that the reports are inconsistent with equal employment opportunity law and potentially unconstitutional, that they impose an undue burden, and that their utility is insufficient to justify that burden. Only a final rule changes anything, and a final rule can be challenged in court.
Who files
Private employers with 100 or more employees file annually. Employers report at the establishment level, so a multi-site employer files a headquarters report, an establishment report for each site, and a consolidated report.
A separate federal contractor prong historically pulled in smaller contractors. That prong derived from Executive Order 11246, which was revoked in January 2025. Confirm the current contractor filing scope with the EEOC before relying on the older 50-employee, $50,000-contract threshold.
The snapshot period
Counts are taken from a single pay period the employer chooses in the fourth quarter of the reporting year. The choice is yours; the consistency is not optional. Pick the period, document it, and apply the same basis across every establishment.
What the rescission would and would not touch
- Not affected: UGESP demographic recordkeeping, which is a separate collection.
- Not affected: OFCCP audit authority under Section 503 and VEVRAA.
- Not affected: state requirements. Colorado's demographic workforce reporting is written into statute and stands regardless of the federal outcome. Massachusetts requires a copy of the federal report and has not addressed what happens if the federal report disappears. See our guides to Colorado workforce data reporting and state pay data reporting.
What data this filing needs
- ✓Employee counts as of a single chosen pay period in the fourth quarter
- ✓Race or ethnicity and sex per employee, self-identified where available
- ✓Job classification mapped to the 10 EEO-1 job categories
- ✓Establishment assignment for every employee, with address and NAICS code
- ✓Full-time versus part-time status
- ✓Headcount history sufficient to evidence the 100-employee threshold
Where it goes wrong
- Establishment assignment taken from the wrong field. Home address, cost centre or manager location instead of the physical work site.
- Remote employees assigned to headquarters rather than the establishment they report to.
- Self-ID gaps filled inconsistently. Where self-identification is missing, the fallback method has to be applied uniformly and documented.
- Dismantling collection early. The most expensive mistake available right now. If the rescission stalls or is withdrawn, rebuilding demographic tracking at short notice costs far more than maintaining it.
Frequently asked questions
Has the EEO-1 been eliminated?
No. A proposed rule would rescind it, but only a final rule takes effect, and none has issued.
When will we know?
After the EEOC reviews comments and publishes a final rule. That process has no fixed deadline and can be challenged in court.
Should we stop collecting race and sex data?
No. The proposal would remove the reporting requirement, not make the data unlawful to hold. The compliance question has always been how the data is used, not whether it is collected.
If the EEO-1 goes away, do our other obligations go with it?
No. Colorado's requirement stands by statute. Massachusetts requires a copy of the federal report and has not said what replaces it.
Does this affect our OFCCP obligations?
No. Section 503 and VEVRAA are separate authorities.
Does it affect UGESP recordkeeping?
No. That collection is separate and was extended in June 2026.
What is the snapshot period?
Any pay period the employer selects in the fourth quarter of the reporting year, applied consistently across establishments.
Can the EEOC still ask for our workforce data?
Yes. It can request records during an active charge investigation regardless of the reporting rule.
Systems supported: Praisidio reads from payroll, HRIS, time and attendance, benefits administration and scheduling systems - see the full integrations list.
This guide is general information about reporting requirements, not legal advice. Verify current deadlines, thresholds, rates and penalty amounts against the issuing agency before you file.