Civil rights advocates are warning that a Trump administration proposal to end a decades-old workplace reporting requirement could make it harder to detect discrimination against Black workers.
According to the Associated Press, the Equal Employment Opportunity Commission (EEOC) is considering eliminating annual reports that require tens of thousands of employers to provide data on the race and sex of their workers. The Republican-led commission voted 2-1 in July to advance the proposal, which has not been finalized.
Since 1966, private employers with at least 100 workers and certain federal contractors with at least 50 employees have been required to submit EEO-1 reports showing racial and gender representation across different job categories.
During an EEOC hearing on Tuesday (August 11), 22 speakers weighed in on the proposal, with most opposing the change. Six spoke in support.
Civil rights advocates said eliminating the reports would take away a key tool used to identify workplace disparities and track whether Black workers and other historically marginalized groups are gaining access to jobs and promotions.
"By weakening EEOC enforcement, these changes will harm all workers, but particularly Black workers and other workers of color who continue to face racial discrimination more frequently," Amalea Smirniotopoulos, senior policy counsel at the Legal Defense Fund, said during the hearing.
Researchers also warned that the information would be difficult to replace. Donald Tomaskovic-Devey, co-director of the University of Massachusetts Amherst's Center for Employment Equity, told the commission he has relied on EEO-1 data for dozens of research articles and two books examining workplace inequality.
Supporters of eliminating the requirement argue the reports are burdensome, unnecessary for enforcing federal anti-discrimination laws and could encourage employers to make employment decisions based on race or sex. The EEOC estimates its current demographic reporting requirements cost employers nearly $275 million annually.
However, representatives from two employer groups told the commission they had seen little evidence that companies use EEO-1 data to impose racial quotas. Instead, they said employers use the information to identify hiring and promotion practices that may unintentionally exclude certain groups.
The proposal comes amid the Trump administration's broader efforts to dismantle federal diversity and inclusion policies and reshape civil rights enforcement.
If the reporting requirements are eliminated, the EEOC would still retain its authority to request specific employment records when investigating an individual discrimination complaint.
The proposal remains open for public comment through August 24. The EEOC must consider public comments and other relevant information before making a final decision.
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