EEOC Pursues Major Policy Shifts: Ending EEO-1 Data Collection and Rescinding Affirmative Action Rules

The U.S. Equal Employment Opportunity Commission (EEOC) is pursuing two significant policy changes: terminating the mandatory annual EEO-1 data collection from employers and rescinding a 1979 regulation that permitted voluntary affirmative action programs. Separately, under the leadership of Chair Andrea Lucas, the agency has redirected enforcement priorities toward investigating potential discrimination against white individuals.

Background

Since 1966, the EEOC has required companies with 100 or more employees to submit annual workforce data broken down by race, ethnicity, sex, and job category. This data has been used to identify hiring and promotion disparities and has supported legal actions resulting in billions of dollars in settlements.

The 1979 regulation, affirmed by Supreme Court decisions in Weber (1979) and Johnson (1987), provided a legal framework for employers to implement voluntary race- and gender-conscious measures, such as mentoring programs and hiring targets, to address imbalances without violating Title VII of the Civil Rights Act.

The EEOC was established through Title VII of the Civil Rights Act of 1964, originally aiming to address racial injustices against Black Americans. Currently, the EEOC has approximately 1,740 employees, a decrease from over 3,000 in the early 1980s.

Proposed Changes to Data Collection and Affirmative Action

EEO-1 Data Collection

The annual data submission process, typically launched in late spring, has not been initiated in 2025. The EEOC proposes to stop the collection permanently. Without routine access to EEO-1 data, EEOC investigators would need to use subpoenas to obtain demographic information. Past cases, such as the EEOC lawsuit against Bass Pro Shops that resulted in a $10.5 million settlement, relied heavily on such data.

1979 Regulation Rescission

The EEOC seeks to eliminate the rule that allowed voluntary affirmative action plans. EEOC Chair Andrea Lucas has stated that any differential treatment based on race or sex, even for remedial purposes, is inconsistent with the Civil Rights Act. She has also criticized companies for using EEO-1 data to set diversity targets, which she says can lead to unlawful discrimination.

"Regardless of what has happened before, the way to stop discriminating based on race is to stop discriminating based on race. The end. Full stop."
— Andrea Lucas, EEOC Chair

Legal experts note that the Weber and Johnson Supreme Court decisions remain binding law regardless of the regulatory change, though they may be challenged in future cases.

Next Steps

The proposals are under review by the White House Office of Management and Budget. If approved, they would take effect after a public comment period.

Shift in Enforcement Priorities

In late February, Chair Andrea Lucas sent a letter to Fortune 500 company leaders regarding diversity, equity, and inclusion (DEI) policies. Lucas referenced guidance she issued previously, stating that company DEI policies may be unlawful if they result in employment decisions based even partially on a person's race, sex, or other protected characteristics.

"We are the Equal Employment Opportunity Commission, not the Equitable Employment Outcomes Commission."
— Andrea Lucas, EEOC Chair

She urged corporate America "to reject identity politics."

Investigations and Cases

• In 2024, Lucas initiated a probe into Nike's hiring goals and career development for potential disadvantage to white people.
• The agency secured a $500,000 settlement from a Planned Parenthood affiliate for charges of harassment and discrimination against white individuals.
• In February, the EEOC sued Coca-Cola Beverages Northeast after settlement negotiations failed. The lawsuit originated from a discrimination charge filed by a male employee in 2024 concerning an off-site networking event for female employees. The event, which included top female executives speaking about their careers, was attended by approximately 250 women. Lucas questioned the permissibility of such events if not offered to all genders, despite EEOC data indicating men outnumber women nearly 2-to-1 in senior executive positions nationwide.

Public Appeals

Late last year, Lucas appealed to white men to come forward with discrimination claims based on their sex or race, stating, "the exact same rules apply to you."

In a video released last year, Lucas directly addressed white men:

"Are you a white male who's experienced discrimination at work based on your race or sex? You may have a claim to recover money under federal civil rights laws. Contact the EEOC as soon as possible."

The video received over 6 million views and was shared by Vice President Vance.

Policy Changes

Under Lucas's leadership, the agency has:

• Dismissed multiple lawsuits on behalf of transgender and nonbinary individuals
• Reversed earlier decisions that provided protections for transgender workers
• Rolled back comprehensive harassment guidance

Statements

Andrea Lucas (EEOC Chair):

"Regardless of what has happened before, the way to stop discriminating based on race is to stop discriminating based on race. The end. Full stop."

Lucas stated that she felt the agency had not adequately addressed potentially unlawful DEI practices that emerged following the murder of George Floyd. She claimed her former colleagues "pulled punches" regarding enforcement in this area.

Chai Feldblum (former EEOC Commissioner):

The 1979 regulation provided "a roadmap of how [employers] can take race and gender into account in a positive way and not violate the law."

David Lopez (former EEOC General Counsel):

EEO-1 data is essential for identifying patterns of potential discrimination; "you can have a hunch, but there's nothing like the cold, hard numbers."

Charlotte Burrows (Lucas's predecessor as EEOC Chair):

Described Lucas's actions as a "significant effort to advance one ideological perspective."

EEO Leaders (group of former EEOC officials):

Following Lucas's letter to Fortune 500 companies, the group issued an open letter advising companies not to abandon DEI efforts, stating that lawful diversity, equity, and inclusion programs can still benefit everyone, provided they are inclusive.

Personal Background of Andrea Lucas

Lucas has stated that her perspective on employment and civil rights was influenced by her father's experience of job loss due to religious beliefs when she was 10, leading to a period of unemployment and economic hardship for her family. She stated this experience informed her belief in ensuring equal opportunity.

Legal and Enforcement Implications

Legal Precedent

Supreme Court cases dating back decades have established that companies can, in certain circumstances, take limited steps to address clear race and sex imbalances in their workforces. Legal experts note that the Weber and Johnson decisions remain binding law regardless of the regulatory change, though they may be challenged in future cases.

Employer Guidance

The rescission of the 1979 regulation could create uncertainty for employers about permissible voluntary diversity efforts. Employment law experts advise companies to continue monitoring workforce demographics voluntarily to assess potential discrimination risks.

Commission Composition

In early 2023, former President Trump removed Burrows and fellow Democratic commissioner Jocelyn Samuels prior to their terms expiring, which allowed Republicans to form a majority on the bipartisan commission.