Ask our experts: Preparing for EEO-1 reporting

Every spring, the Equal Employment Opportunity Commission (EEOC) requires covered employers to report on workforce data. At the federal level, the most prominent of these requirements is the EEO-1 report. The instructions can vary from year to year, which sometimes causes confusion (and frustration) among HR professionals.

We receive many questions about the topic. Below are a few questions about the process we have answered in the past.

Collection of race and ethnicity information

Q: We are preparing for our EEO-1 reporting. How do we compliantly collect race and ethnicity information?

A: Self-identification is the preferred method of identifying the race and ethnic information necessary for the EEO-1 Report. Employers are required to attempt to allow employees to use self-identification to complete the EEO-1 Report. When attempting to collect race and ethnic information for purposes of the EEO-1 Report an employer should:

• Offer employees the opportunity to self-identify; and
• Provide a statement about the voluntary nature of this inquiry for employees.

If an employee declines to self-identify, employment records or observer identification may be used.

The employer should provide employees with adequate time to respond, and assure employees that the information will be kept confidential and only used for preparing the EEO-1 Report. If an employer periodically requires employees to update personal information, it may be a good idea to include a self-identification form at that time.

Voluntary self-identification forms should be kept separately from the employee’s personnel file or other records available to those responsible for personnel decisions.

The EEO-1 race and ethnicity categories are:

• Hispanic or Latino.
• White (Not Hispanic or Latino).
• Black or African American (Not Hispanic or Latino).
• Native Hawaiian or Other Pacific Islander (Not Hispanic or Latino).
• Asian (Not Hispanic or Latino).
• Native American or Alaska Native (Not Hispanic or Latino).
• Two or More Races (Not Hispanic or Latino).

Changes in reporting categories

Q: We heard that the EEOC is consolidating the questions regarding race and ethnicity into one question and that there will be new categories for this question. Is that right?

A: To understand the answer to this question, you need to understand changes in how the federal government collects information about race in numerous areas, not just EEO reporting.

In 2024, the Office of Management and Budget (OMB) amended Statistical Policy Directive 15 (the SPD). The SPD provides the standards for federal agencies to maintain, collect and present race and ethnicity data. The purpose of the SPD’s categories is to provide a common language for uniformity and comparability in the collection of data by federal agencies. In other words, the SPD is directed at federal agencies, not private employers. Federal agencies, like the Equal Employment Opportunity Commission (EEOC), have an obligation to implement the amended SPD; private employers (such as those subject to EEO-1 reporting requirements) then must comply with those agencies’ implementation of the SPD. 

The EEOC has not yet implemented the amended SPD. For existing recordkeeping and reporting requirements (including EEO-1 reporting), federal agencies must submit changes to the OMB by March 28, 2029. For the EEOC, however, there was an obligation to submit a plan to the OMB within 18 months of March 28, 2024, regarding how the EEOC would implement these changes. That deadline was originally set for September 28, 2025.

On September 26, 2025, the OMB extended the EEOC’s timeline for submitting its compliance plan to March 28, 2026. The EEOC missed the extended deadline. The OMB again extended the deadline, this time to March 28, 2027, by which date the EEOC must submit a plan of how it will comply with the amended SPD. The agency still has through March 28, 2029, to actually comply with the amended SPD.

At this time, the EEOC has not yet addressed whether race and ethnicity categories should be combined into a single question. When the EEOC opens the 2025 EEO-1 data collection (the date for which has not yet been announced), organizations should review the instructions provided on the online reporting portal. Monitor the EEOC’s EEO reporting page for developments in this area. Brightmine is monitoring for any substantive changes to reporting requirements and will report them there when they occur.

State EEO reporting requirements

Q: Do any states require EEO reporting?

A: Yes. In addition to federal EEO reporting requirements, covered employers in California, Illinois and Massachusetts have additional reporting requirements. The statutory requirements in each state vary. In Illinois and Massachusetts, employers can use their EEO-1 reports from the prior year to comply with the law. On the other hand, California’s reporting structure is significantly different from EEO-1 reports.