Comment from Levin, Naomi EEOC-2026-0034
Naomi LevinOpposeIndividual
Summary: The commenter opposes the proposed rule to eliminate the collection and reporting of demographic data by employers. They argue that this data is essential for identifying disparate impact and systemic discrimination, and that removing it undermines the EEOC's legal mandate.
Not only is this proposed rule arbitrary and capricious, it is an insidious effort by EEOC to undermine the effectiveness of the laws it is charged with enforcing. Eliminating the collection and reporting of demographic data by employers and other covered entities does not do anything to further EEOC's mission to eliminate employment discrimination, it just makes discrimination harder to prove. This demographic data is particularly important in disparate impact and systemic cases of discrimination. The current Administration may hate disparate impact theory, but disparate impact is a form of discrimination expressly included in the statutes (which cannot be overridden by a presidential Executive Order) that EEOC is obligated to enforce - not undermine or ignore. Employers and other entities have been collecting the data required by the reports EEOC is proposing to eliminate for decades and it has been a crucial part of myriad discrimination investigations and court cases. EEOC's suggestion that the collection of data in these reports is now suddenly unlawful is preposterous. I urge EEOC to abandon this reckless proposed rule.