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August 29, 2026

Taking a Stand Against the EEOC's Proposed "Head in the Sand" Rule

Notes on law, governance, and other matters from Samuel Bagenstos.

An editorial cartoon depicting an ostrich labeled "Trump EEOC" sticking its head in the sand to avoid seeing sheets labeled "EEO-1 Data" and "Evidence of Discrimination."  The ostrich is saying, "Nothing to see here."
Trump’s EEOC wants to be an ostrich putting its head in the sand.

This week, Margo Schlanger, Paul Smith, and I filed a comment opposing the EEOC's proposal to scrap the EEO Reports—the demographic data employers have submitted for six decades under Title VII of the Civil Rights Act. The EEOC says that broadly collecting race and sex data is an unconstitutional classification. With the very helpful assistance of Democracy Forward, we explained why that’s wrong—and why demographic data is essential for finding and rooting out unlawful discrimination. Check out our comment here.

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