Tyler Roth Authors BenefitsPRO Article on Proposed EEOC Workforce Demographic Reporting Changes
Tyler Roth, a partner in the Quarles & Brady Labor & Employment Practice Group, wrote a BenefitsPRO article examining a proposed Equal Employment Opportunity Commission (EEOC) rule that could rescind workforce demographic reporting requirements for many employers.
In the article, Roth discusses the EEOC's proposal to eliminate longstanding EEO reporting obligations that require certain employers to collect and report workforce demographic data, including employee sex, race and ethnicity information. He explains that while the proposal aligns with the current administration's broader scrutiny of diversity, equity and inclusion initiatives, employers remain subject to existing reporting requirements unless and until the rule is finalized.
An excerpt:
Until the proposed rule is made final, covered employers continue to have an obligation to maintain and report the sex, race, and ethnicity of their workforce. As a result, employers should continue to collect and retain employee demographic information in order to meet their current workforce data reporting obligations and allow employees to voluntarily self-identify their sex, race, and/or ethnicity.
If the proposed rule is finalized, employers will need to take stock of any changed reporting obligations and assess whether they are going to continue collecting employee demographic information in light of the changes. As part of this assessment, employers will want to speak to their local counsel to determine whether they may have continued reporting obligations under applicable state or local law, and if not, whether there may be legal risks in continuing to collect employee demographic information even when there is no legal obligation to do so.