Colorado has enacted House Bill 26-1207, creating a new state-level workforce demographic reporting requirement for certain large employers. Beginning July 1, 2027, covered employers must submit EEO-1 workforce data to the Colorado Secretary of State as part of their periodic business filing requirements.
The law is particularly notable because it requires state reporting of EEO-1 data even if the federal government eliminates or discontinues the federal EEO-1 reporting requirement.
Effective Date
HB 26-1207 takes effect on August 12, 2026, unless a referendum petition is filed. However, the new EEO-1 reporting requirement does not become operative until July 1, 2027.
New State EEO-1 Reporting Requirement
Beginning July 1, 2027, a covered employer must include EEO-1 data in its periodic report filed with the Colorado Secretary of State.
The law defines EEO-1 data as the demographic workforce information collected through the federal Employer Information Report (EEO-1) as it existed on March 1, 2026, including workforce data categorized by:
- Race;
- Ethnicity;
- Gender; and
- Job category.
Reporting Requirement Continues Even If Federal Requirements Change
One of the most significant aspects of the law is that Colorado expressly requires covered employers to continue providing EEO-1 data to the state even if the federal government repeals, eliminates, or stops requiring EEO-1 reporting.
As a result, employers that currently collect EEO-1 workforce demographic information may need to continue maintaining and reporting that data for Colorado compliance purposes regardless of future federal reporting changes.
This provision is particularly noteworthy because it was enacted shortly after the EEOC proposed rescinding federal EEO-1 and other annual demographic reporting requirements.
Which Employers Are Covered?
The reporting requirement applies to private-sector employers that:
- Conduct business in Colorado;
- Employ 100 or more workers; and
- Were required, as of March 1, 2026, to submit EEO-1 data to the U.S. Equal Employment Opportunity Commission.
The law does not apply to:
- The State of Colorado;
- Local governments;
- The federal government;
- School districts;
- State institutions of higher education; or
- Other specified governmental or quasi-governmental entities.
Potential Impact on Employers
For many covered employers, the new requirement may create an ongoing obligation to:
- Collect and maintain workforce demographic data;
- Monitor EEO-1 reporting categories; and
- Incorporate EEO-1 reporting information into Colorado periodic business filings.
The law may be especially significant if federal EEO-1 reporting requirements are ultimately scaled back or eliminated, since Colorado would continue requiring similar data submissions at the state level.
Employers Impacted
The legislation is most relevant to
- Large private-sector employers with operations in Colorado;
- Multi-state employers already subject to federal EEO-1 reporting requirements; and
- HR, compliance, and legal teams responsible for workforce demographic reporting.
Employer Takeaway
Although employers are not required to begin filing EEO-1 data with Colorado until July 1, 2027, covered employers should begin monitoring implementation guidance and evaluating how the new requirement will interact with existing federal reporting obligations. Employers that currently prepare EEO-1 reports should be aware that Colorado may continue requiring workforce demographic reporting even if federal requirements change in the future. As a result, organizations may need to maintain EEO-1 data collection and reporting systems for Colorado compliance purposes regardless of developments at the federal level.