EEOC Moves to End Data Collection and Affirmative Action Guidance

The Equal Employment Opportunity Commission (EEOC), under the leadership of Trump-appointed Chair Andrea Lucas, is taking steps to dismantle key tools used to combat workplace discrimination. The agency has proposed ending its annual collection of employee demographic data (EEO-1 reports) and rescinding a 1979 regulation that permitted employers to voluntarily adopt race- and gender-conscious measures to address imbalances.

These changes would mark a significant shift in the agency's approach to enforcing Title VII of the Civil Rights Act of 1964.

The EEO-1 data, collected since 1966 from companies with 100 or more employees, has been instrumental in identifying patterns of discrimination. For example, in a lawsuit against Bass Pro Shops, the data revealed a pattern of low representation of Black and Hispanic workers across stores, leading to a $10 million settlement in 2017.

Former EEOC General Counsel David Lopez noted, "You can have a hunch, but there's nothing like the cold, hard numbers."

Chair Lucas argues that the data has been misused, particularly after the 2020 murder of George Floyd, when some companies published their demographics and set diversity goals. She contends that such practices have led to unlawful discrimination against white employees and men.

"All it has to do is motivate — in whole or in part — your decision making, and you're into unlawful territory," Lucas said. The EEOC has filed lawsuits against Nike and The New York Times alleging discrimination against white workers.

The 1979 regulation, which provided a roadmap for voluntary affirmative action plans, was upheld by the Supreme Court in the Weber and Johnson decisions. Former Commissioner Chai Feldblum warned that the Supreme Court may be poised to overturn those precedents.

Meanwhile, the loss of routine data collection could hamper enforcement, as former General Counsel Karla Gilbride noted: "Protecting U.S. workers from unlawful discrimination — already a hard task — could become significantly harder."

David Cohen, president of DCI Consulting, advises companies to continue tracking demographics voluntarily, comparing it to "driving a car without a dashboard" if they don't. The proposals have been submitted to the White House for review, and the 2026 data collection period has not yet been announced.