Eliminating the requirement would make less information available to the public about demographic trends—such as how many women or people belonging to racial and ethnic minorities hold top positions at U.S. companies—and could impact efforts to protect workers against discriminatory practices.
Since 1966, the agency has mandated that companies with at least 100 employees, or federal contractors with 50 or more employees, must file an EEO-1 form each year. In the form, companies must report the number of male and female workers in 10 broad job categories, as well as the number of workers of different races and ethnicities.
It went on to say that the requirement “may have the unintended effect of promoting, rather than reducing, discrimination because of the mistaken view that it is permissible to take race and sex-based actions to correct statistical imbalances.” The Commission argued that its own “investigative authority” is a “more reliable, narrowly tailored, and cost-effective tool.”
“It may promote racial stereotyping at work, and it may encourage employers to engage in discrimination,” EEOC Chair Andrea Lucas said of the requirement during a hearing prior to the vote.
Kalpana Kotagal, the EEOC’s lone Democratic commissioner and the sole dissenting vote, said the agency was “kneecapping its ability to protect workers” and considering “whether to turn back time to a period before the civil rights movement.”
Deborah Vagins, senior vice president at the Leadership Conference on Civil and Human Rights, issued a statement on Tuesday, calling the EEOC a “mouthpiece for Trump’s attacks on having a workforce reflective of America.”
The National Women’s Law Center in a statement on Tuesday called the move the EEOC’s “latest attack on civil rights,” saying eliminating the data collection requirement would make it easier for the Commission to “justify enforcement priorities driven by politics rather than facts.”
In response, 10 Democrats led by Sens. Lisa Blunt Rochester of Delaware and Rep. Jerrold Nadler of New York wrote a letter to Lucas urging her and the Commission to “proceed without delay and to provide transparency regarding its plans” for the annual collection of demographic data.
The EEOC processed over 88,000 discrimination charges in fiscal year 2025 and resolved over 90,000. During that time, the Commission secured $660 million for over 17,000 victims of workplace discrimination.
The agency has estimated that since the establishment of Title VII of the Civil Rights Act of 1964, which prohibits discrimination in the workplace based on race, gender, religion, and other factors, it has recovered over $11 billion for victims of such discrimination.
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