ANALYSIS: If EEO-1 Reports End, EEOC Can Still Summon the Past

On the same day that the Equal Employment Opportunity Commission proposed to stop collecting EEO-1 data in the future, it also settled a discrimination case in which the agency relied on a company’s EEO-1 data from years in the past.

The contemporaneous developments on May 14 show that even if the EEO-1 reporting requirement goes away, the EEOC can still make employers pay by using the EEO-1 data that it has already stockpiled.

The EEOC’s proposal to rescind EEO‑1 reporting currently lacks sufficient detail to determine whether it reflects a strategic enforcement approach, an effort to reduce operational costs, ...