Summary At a Glance
- Beginning July 1, 2027, certain private-sector employers conducting business in Colorado will be required to include EEO-1 demographic workforce data in periodic reports filed with the Colorado Secretary of State.
- Covered employers generally include private-sector entities with 100 or more workers that were required, as of March 1, 2026, to submit EEO-1 data to the EEOC.
- The new law appears designed to preserve a Colorado workforce demographic reporting obligation even if federal EEO-1 reporting requirements are later eliminated.
- Covered employers should review EEO-1 data practices, coordinate internal reporting responsibilities, monitor Secretary of State guidance, and update compliance calendars before the 2027 effective date.
Colorado has enacted House Bill 26-1207, Disclosure of Demographic Workforce Data, creating a new state reporting obligation for certain private-sector employers conducting business in Colorado. The law requires covered employers to include EEO-1 demographic workforce data in their periodic reports filed with the Colorado Secretary of State beginning July 1, 2027.
Background
The EEO-1 Component 1 report is currently a mandatory annual federal data collection for private-sector employers with 100 or more employees. Covered employers report workforce demographic data by job category and sex, race, or ethnicity.
However, many employers are impacted by recent developments involving federal EEO reporting. As outlined in our prior post, the EEOC submitted a proposed rule on May 14, 2026, titled “Rescission of EEO-1, EEO-2, EEO-3, EEO-4, EEO-5, and Reporting Requirements under Title VII, the ADA, GINA, and the PWFA.” The proposal has not been finalized, and existing federal EEO reporting obligations remain in effect unless and until a final rule is issued.
Colorado’s new law is designed to preserve a state-level workforce demographic reporting obligation for EEO-1 filers even if federal EEO-1 reporting is later eliminated. As a result, covered employers with Colorado operations should not assume that a future change to federal EEO-1 reporting will eliminate their EEO data collection and reporting obligations.
Covered Employers
For purposes of this law, an “employer” generally means a private-sector entity conducting business in Colorado that:
- Employs 100 or more workers overall; and
- Was required, as of March 1, 2026, to submit EEO-1 data to the EEOC.
The law excludes state and local governments, the federal government, school districts, state institutions of higher education, quasi-governmental entities, and political subdivisions of the state.
What This Means for Employers
This law creates an additional state-level reporting obligation through Colorado’s existing Periodic Report process. Periodic Reports are annual business entity filings submitted to the Colorado Secretary of State to keep an entity’s public record current and maintain good standing. Beginning July 1, 2027, covered employers must also include required EEO-1 demographic workforce data as part of that filing.
For covered employers, this means legal, HR, finance, and/or compliance teams should coordinate to ensure that EEO-1 data is accurate, available, and ready to be incorporated into the Colorado periodic report process by the 2027 effective date.
Recommended Next Steps for Employers
To prepare for compliance, employers should consider the following:
- Determine Coverage. Identify whether the organization conducts business in Colorado, employs 100 or more workers, and is required to submit EEO-1 data to the EEOC.
- Review EEO-1 Data Practices. Confirm that employee demographic data is being collected and categorized consistently with EEO-1 reporting requirements, including race, ethnicity, gender, and job category.
- Coordinate Internal Responsibilities. Ensure that HR, legal, compliance, and/or finance teams understand who will be responsible for preparing and submitting the required information.
- Audit Data Accuracy. Review job classifications and demographic data before submission to identify inconsistencies, missing information, or outdated records.
- Monitor Secretary of State Guidance. Watch for future guidance, system updates, or filing instructions from the Colorado Secretary of State before the July 1, 2027, reporting requirement begins.
- Update Compliance Calendars. Add the new Colorado requirement to annual compliance calendars and reporting workflows to avoid missed filing obligations.
How HR Works Can Help
HR Works assists employers with data preparation and filing of state and federal EEO-1 reports, saving employers the administrative burden of completing the report in-house.
If you are interested in having HR Works file on your behalf, contact us at info@hrworks-inc.com or call 1-877-219-9062 to learn more about these services and how to leverage our compliance expertise.
