HR and future of work · Industry brief

On July 21, 2026, the EEOC voted 2-1 to propose rescinding mandatory EEO-1 through EEO-6 annual reporting requirements for employers with 100+ employees, citing that the race and sex data collection is inconsistent with equal employment opportunity law and potentially unconstitutional. EEOC Chair Andrea Lucas stated the reports conflict with Title VII's colorblind employment practice requirement, though the agency's investigative record-request authority remains unchanged. The proposed rule was published in the Federal Register on July 23, 2026, with a public comment period through August 24, 2026. EEO Leaders, a coalition of former EEOC and Department of Labor officials, opposed the proposal, arguing rescission would undermine discrimination investigation capabilities and deprive employers of industry-level discrimination early-warning data. Employers must continue filing EEO reports pending final agency action.

In Faruque v. JPMorgan Chase, No. 1:24-cv-05734 (U.S. District Court, Eastern District of New York), Partner Michelle Caiola obtained a ruling applying the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2022 to deny JPMorgan Chase's motion to compel arbitration on the employee's sex-based New York City Human Rights Law claims, keeping gender, race, and national-origin discrimination and hostile work environment claims in open court rather than private arbitration. The decision demonstrates how the federal statute, effective for disputes arising on or after March 3, 2022, can override predispute arbitration agreements and has broader application than many employees expect, particularly for qualifying sex-based employment discrimination claims under state human rights laws.