Colorado Adds EEO-1 Demographic Reporting to Annual Periodic Report

John Agbonika, Associate

On June 4, 2026, Governor Polis signed H.B. 26-1207, titled “Disclosure of Demographic Workforce Data,”[1] a state EEO-1 reporting requirement that outlives the Equal Employment Opportunity Commission’s (“EEOC”) removal of its own EEO-1 reporting requirement. Beginning July 1, 2027, private employers with one hundred or more workers must file EEO-1 demographic data with the Colorado Secretary of State as part of their annual periodic report.

Background

In a previous blog,[2] we informed readers that on July 23, 2026, the EEOC published a proposed rule that would eliminate the EEO-1 reporting requirement from its regulations,[3]  along with the EEO-2 through EEO-6 reports. The eliminated reporting requirements included demographic reporting and associated recordkeeping requirements, which apply to certain apprenticeship programs, labor unions, state and local governments, public school systems, and institutions of higher education.

H.B. 26-1207

Seven weeks earlier, Governor Polis signed H.B. 26-1207, which took effect on August 12, 2026. Beginning July 1, 2027, covered Colorado employers must file EEO-1 data[4] with the Secretary of State and must keep filing it even if the federal government repeals or discontinues the federal requirement to submit EEO-1 data to the EEOC.[5] An “employer” is defined as a private-sector entity conducting business in Colorado that employs one hundred or more workers and was required to submit EEO-1 data as of March 1, 2026. Governmental, quasi-governmental entities, and educational institutions are excluded.[6]

Enforcement Implications

Colorado added the EEO-1 reporting requirement to the periodic report every registered entity already files with the Secretary of State and the submission deadline tracks each entity’s own annual cycle rather than a single statewide date. Unless an entity elects an alternative anniversary month, an entity must begin reporting no later than the last day of the second calendar month following the first anniversary of formation, and annually thereafter.[7] This could impose reporting duties on employers with mid-2027 filing anniversaries almost immediately after July 1, 2027.

In addition, H.B. 26-1207 contains no confidentiality provisions that are analogous or comparable to the protections afforded to federal EEO-1 submissions under Title VII.[8] Furthermore, the definition of “employer” turns on employing one hundred or more workers, but H.B. 26-1207 does not say whether that includes an entity’s Colorado employees, employees at Colorado establishments, or nationwide workforce.

Employer Considerations

While employers ponder the potential enforcement mechanisms under H.B. 26-1207, employers, particularly those with parent/holding structures, should identify which entity would be responsible for complying with the EEO-1 reporting requirement and determine the entity’s anniversary month in preparation for making their EEO-1 report. Though H.B. 26-1207 does not contain confidentiality provisions, employers should also review submissions carefully and avoid transmitting employees’ personal identifying information, unless otherwise required by law.

Campbell Litigation will continue to monitor developments on the implementation of H.B. 26-1207.

[1] H.B. 26-1207, 75th Gen. Assemb., 2d Reg. Sess., 2026 Colo. Sess. Laws ch. 378 (codified at Colo. Rev. Stat. § 7-90-501).

[2] See https://www.rockymountainemployersblog.com/blog/2026/7/23/eeoc-proposes-removal-of-annual-demographic-data-reporting-requirements

[3] Removal of Reporting Requirements, 91 Fed. Reg. 46332 (published July 23, 2026) (codified at 29 C.F.R. pt. 1602), https://www.federalregister.gov/documents/2026/07/23/2026-14937/removal-of-reporting-requirements (hereinafter “Removal of Reporting Requirements”).

[4] “EEO-1 data” means the demographic workforce data collected through the Commission’s Form EEO-1 categorizing employees by race, ethnicity, gender, and job category, and the statute pins that definition to the form as it existed on March 1, 2026. See H.B. 26-1207 § 1, Colo. Rev. Stat. § 7-90-501(9)(a).

[5] Id. §§ 7-90-501(1)(f), 7-90-501(1.5)

[6] Id. § 7-90-501(9)(b).

[7] Colo. Rev. Stat. § 7-90-501(4)(c)

[8] 42 U.S.C. § 2000e-8(e)(e). Title VII makes it unlawful for a Commission officer or employee to make public information obtained by the Commission before a proceeding is instituted. Id.