Colorado has passed a law requiring private organizations to file the EEOC’s EEO-1 (Employer Information Report) data with Colorado’s Secretary of State, even if the EEOC itself moves to eliminate such reporting. This compliance alert examines who the law applies to and explores some considerations for affected organizations.
Summary
Colorado House Bill 26-1207, “Concerning Employer Accountability Through Disclosure of Demographic Workforce Data”, was signed into law on Thursday, June 4, 2026. The act applies to any private entity that:
- Conducts business in the state
- Employs 100 or more workers
- As of March 1, 2026, was required to submit EEO-1 data to the US EEOC
All organizations that meet these conditions must, beginning July 1, 2027, periodically report EEO-1 data to the Colorado Secretary of State in addition to their prior reporting obligations.
Critically, the act contains the detail that such reporting should continue “even if the federal government repeals or discontinues the federal requirement to submit the EEO-1 data to the United States Equal Employment Opportunity Commission.” This is transparently in reaction to last month’s EEOC submission to the White House Office of Management and Budget (OMB), in which the agency proposed eliminating EEO-1 reporting requirements.
Who Is Impacted and What Actions Are Required?
Organizations operating in Colorado and meeting the 100-worker threshold should prepare to file their EEO-1 reports as directed, in addition to continuing to prepare for routine EEOC filing (pending a definitive decision on the future of federal filing). There is no statewide deadline for filing with Colorado. Organizations will have to file on a previously established cadence, or as directed, once the law takes effect on July 1, 2027.
It’s also important to acknowledge that filing with Colorado will currently not enjoy the same level of confidentiality and public-record treatment as filing with the EEOC. In addition to the fact that the law does not currently explain how to handle employees outside of Colorado, and the potential need for new procedures and standards, organizations are advised to keep an eye out for further clarifications from the state.
All organizations are also advised to watch for further developments concerning the EEOC’s plans for EEO-1 reporting, and for additional state laws similar to Colorado’s.
How Affirmity Can Help
Whether you’re preparing to file your EEO-1 reports with the EEOC as usual, or subject to Colorado’s new law, Affirmity offers EEO-1 reporting support, as well as support with other forms of federal, state, and local-level filing (such as VETS-4212 and California pay data reporting).
Concerned that you may miss future EEO-1 developments at federal and state-level? Meet our newly launched HR compliance guidance solution, Employment Law Navigator.
Protect your organization and learn more about what Affirmity has to offer: Contact our team of experts today.
About the Author
Mauri Spears serves as the Vice President of Consulting Services for Affirmity. Since joining the team in 1997, she has provided expert leadership in workforce compliance, DE&I, and training management. Her expertise includes overseeing process design for recruitment and compliance. Currently, Ms. Spears directs our professional services and data analytics departments while supervising software implementation and client training.
A regular speaker at professional conferences, Ms. Spears addresses topics related to executive management and leadership within various HR industry associations.
You can find and connect with Mauri on LinkedIn.