The requirement that covered employers provide demographic data about their workforce may be coming to an end. In July, the Equal Employment Opportunity Commission (“EEOC”) proposed a rule eliminating the requirement that private employers with at least 100 employees annually report workforce race and sex demographic data on EEO-1 reports. The proposed rule would also eliminate similar reporting requirements for federal contractors, unions, and certain public employers. The EEOC has explained that the current reporting requirement is inconsistent with Title VII of the Civil Rights Act with EEOC Chair Andrea Lucas stating at a public meeting that the reports could compel companies to discriminate in hiring decisions based on perceived disparities highlighted in EEO-1 reports. Following the conclusion of a public commenting period, the final rule was sent to the White House this week for review and approval. Even if the reporting requirement is eliminated, the EEOC will retain authority to request demographic data in the context of other enforcement efforts such as workplace investigations. Jackson Kelly will continue to monitor the status of the rule.
Reach out to me at jill.hall@jacksonkelly.com or another attorney at Jackson Kelly if you have any questions.