EEOC Chair Proposes Ending EEO-1 Data Collection and Rescinding 1979 Race-Conscious Regulation

EEOC Chair Andrea Lucas, appointed by President Trump, has submitted two proposals to the White House: to stop the agency’s EEO-1 survey of employers with 100 or more workers, and to repeal the 1979 regulation that permits race- or gender-focused remedial actions. Lucas argues any program giving preferential treatment to Black people or women violates Title VII of Civil Rights Act.

NPR

Since 1966, the EEOC has required large employers to file EEO-1 reports on race, ethnicity, sex and job categories. The data have revealed under-representation of women and minorities and underpinned billions in settlements. The 1979 regulation provided a roadmap for race- and gender-conscious measures such as hiring targets, a framework upheld by Supreme Court in 1979 Weber and 1987 Johnson cases, the Weber-Johnson standard.

NPR

EEOC investigators used EEO-1 data to reveal low Black and Hispanic representation at Bass Pro Shops stores. The pattern prompted a probe that uncovered discriminatory managerial comments and led to a 2017 $10.5 million settlement and a pledge to recruit non-white candidates. General counsel David Lopez said the “cold, hard numbers” were essential to the case.

NPR

Lucas warned employers have misused EEO-1 data to disadvantage white employees and men. Commissioner Chai Feldblum cautioned Supreme Court may soon revisit the Weber-Johnson precedent. General counsel Karla Gilbride said EEO-1 reports are “one of the first things that you can look at as you’re trying to learn more” about workplace disparities. David Cohen says without demographic data companies lack a “dashboard” to detect hiring bias. Critics say ending the EEO-1 survey would force EEOC to rely on subpoenas. Lucas frames the data as a tool that can be weaponized against white workers, while EEOC officials and industry experts view it as indispensable for exposing systemic discrimination.

NPR

• “I think that that's a more beautiful vision of our country, and I think it's consistent with the text of the statute.” — Andrea Lucas, EEOC chair

NPR

• “The EEOC says you can take some of these voluntary efforts, even though they will be race- or gender-conscious,” — Chai Feldblum, former EEOC commissioner

NPR

• “It's one of the first things that you can look at as you're trying to learn more,” — Karla Gilbride, former EEOC general counsel

NPR

• “Because they had a reason to investigate, they were able to discover that there were managerial comments that were reflective of discriminatory animus, that they were looking for a certain type of person,” — David Lopez, former EEOC general counsel

NPR

The proposals await White House approval. If adopted, the EEOC would cease EEO-1 reporting and repeal the 1979 guidance, reshaping how employers track diversity and how the agency enforces anti-discrimination law. Stakeholders expect legal challenges and debate over demographic data.

NPR