Benjamin Nellans Discusses the Proposed End of EEO-1 Reporting in HR Daily Advisor

In an article published September in HR Daily Advisor, Segal McCambridge Shareholder Benjamin Nellans explains what the EEOC’s proposed elimination of EEO-1 reporting could mean for employers, including the need to continue preparing for 2025 reporting while the rulemaking process remains unresolved. The article outlines why HR and in-house legal teams should closely monitor a final rule, any changes to the proposal and the EEOC’s forthcoming 2025 submission window.

“EEO-1 reporting remains the law of the land,” Nellans writes. “Most immediately, employers should operate as though they will have to submit their 2025 demographic information.”

Nellans also cautions that ending federal reporting would not eliminate demographic data obligations under state and local laws, with requirements already in place in Illinois, Massachusetts, California and New York City and new Colorado requirements taking effect in 2027. Employers should preserve existing demographic data and consider how it may support disparate impact analyses, validation studies, EEOC investigations, self-assessments and responsible employment decisions.

“Even if EEO-1 reporting ends, employers should not delete existing demographic data,” Nellans writes. “When an employer properly maintains its demographic data and makes responsible employment decisions, demographic data can serve as a shield for employers rather than a sword for litigants.”

Read Benjamin Nellans’s full article in HR Daily Advisor here.