EEOC moves to end data collection and rescind 1979 affirmative action rule
8 reported3 unconfirmed
According to a single-source report from NPR, the Equal Employment Opportunity Commission (EEOC) is seeking to end its annual collection of employee demographic data and rescind a 1979 regulation that allowed employers to take voluntary steps to address race and gender imbalances. The moves, described as part of a realignment of civil rights enforcement under President Trump, would mark a significant shift in the agency’s approach. EEOC Chair Andrea Lucas, a Trump appointee, did not respond to NPR’s questions about the proposals but has stated that programs aimed at helping specific groups are unlawful under Title VII of the Civil Rights Act if they exclude others. The 1979 regulation had provided a roadmap for companies to implement mentoring programs and hiring targets to remedy past discrimination, a standard later upheld by the Supreme Court in the Weber and Johnson decisions. The annual EEO-1 data collection, in place since 1966, has helped the agency identify discrimination patterns and recover billions of dollars for workers, including a $10.5 million settlement with Bass Pro Shops in 2017. Lucas has argued that some companies have misused the data to discriminate against white people and men, while former EEOC officials warn that ending data collection will make enforcement significantly harder.
What’s reported
The EEOC is seeking to end its annual collection of employee demographic data (EEO-1) and rescind a 1979 regulation allowing voluntary affirmative action steps.
The proposals have been submitted to the White House for review; Chair Andrea Lucas did not respond to NPR’s questions.
Lucas stated that programs aimed at helping specific groups are unlawful under Title VII if they exclude others.
The 1979 regulation allowed companies to use race- and gender-conscious measures like mentoring programs and hiring targets after documenting a problem.
The Supreme Court’s 1979 Weber decision and 1987 Johnson decision upheld such affirmative action plans as lawful if temporary and not unnecessarily trammeling the interests of white employees.
The EEO-1 data collection has been used since 1966 to identify discrimination patterns and has led to billions in settlements, including a $10.5 million settlement with Bass Pro Shops in 2017.
Lucas has stated that some companies have misused demographic data to discriminate against white people and men, citing court cases against Nike and The New York Times.
Former EEOC General Counsel Karla Gilbride said ending data collection would make enforcement “significantly harder” and more laborious.
Open questions
Whether the White House will approve the EEOC’s proposals.
How the Supreme Court might rule on future cases challenging the Weber-Johnson standard.
Whether the EEOC will continue to collect data for specific investigations, such as the subpoena against the University of Pennsylvania.
Key figures
Andrea Lucas, Trump-appointed chair of the EEOC
Chai Feldblum, former EEOC commissioner under Obama and first Trump administrations
Karla Gilbride, former EEOC general counsel under the Biden administration
David Lopez, former EEOC general counsel, now at Arizona State University
David Cohen, president of DCI Consulting
Sources: NPR
