Key Points

• Beginning July 1, 2027, covered private employers must submit “EEO-1 data” as part of their Colorado Secretary of State periodic reports when such reports are due.
• This reporting obligation will continue even if the federal government repeals or discontinues the federal requirement to submit EEO-1 data to the EEOC.
• On July 21, 2026, the EEOC voted to advance a proposal to rescind federal EEO-1 reporting, but Colorado employers must still comply with the state reporting obligations regardless of the outcome of the EEOC’s proposal.

Colorado has enacted HB26-1207, a new law that will require certain private employers doing business in Colorado to include “EEO-1 data” in their periodic reports to the Colorado Secretary of State starting in July 2027. This obligation will continue even if the federal requirements change or are discontinued.

“EEO-1 data” is defined as demographic workforce data collected through the United States Equal Employment Opportunity Commission’s (EEOC’s) Employer Information Report, Federal Form EEO-1, as that form existed on March 1, 2026. EEO-1 data categorizes employees by race, ethnicity, gender and job category.

HB26-1207 was introduced on February 12, 2026, was signed into law on June 4, 2026, and will take effect on August 12, 2026. The bill’s prime sponsors were Rep. Jamie Jackson, Rep. Jennifer Bacon, Sen. Cathy Kipp and Sen. Jessie Danielson.

In a Facebook post, Rep. Jackson explained that although federal workforce demographic reporting requirements had not yet been rolled back at the time the bill was introduced, the current administration has made its opposition to DEI initiatives clear, and the sponsors sought to ensure Colorado would retain access to this critical data even if federal reporting requirements were eliminated. That concern has since materialized at the federal level.

The federal government advances a plan to scrap EEO-1 reporting.

On July 21, 2026, a majority of Commissioners at the EEOC voted to advance a proposed rule to rescind EEO-1 through EEO-6 reporting requirements, which was published in the Federal Register on July 23, 2026. We previously wrote about the EEOC’s proposed rule. This federal development does not change Colorado employers' obligations under HB26-1207: covered employers must still submit EEO-1 data to the Colorado Secretary of State beginning July 1, 2027, regardless of any changes to federal reporting obligations, including if the federal EEO-1 filing requirement is ultimately rescinded.

The EEOC’s proposal is not final. It is subject to a 30-day public comment period following its July 23, 2026 Federal Register publication, and the EEOC has scheduled a public hearing on the proposal for Aug. 11, 2026. Employers should continue to comply with existing federal EEO-1 filing obligations unless and until the rescission is final.

What employers are covered?

The Colorado legislation only applies to private-sector entities that conduct business in the state, employ 100 or more workers[1], and, as of March 1, 2026, were already required to submit EEO-1 data to the EEOC. It does not apply to the federal government, the State of Colorado, local governments, school districts, state-owned higher education institutions, quasi-governmental entities or political subdivisions of the state.

Because “employer” coverage is based on whether an entity employs 100 or more workers and was required to submit EEO-1 data to the EEOC “as of March 1, 2026,” it is unclear how the law will apply to entities that meet the requirements after March 1, 2026. Affected employers should monitor for guidance from the Colorado Secretary of State or future legislative amendment on this point.

What are the current and future reporting requirements?

Under Colorado law, employers are already required to file periodic reports with the Secretary of State that include all the following information:

• The name of the reporting entity.
• The jurisdiction under the law of which the reporting entity was formed.
• The name and address of the registered agent.
• The principal office address.

Beginning July 1, 2027, certain employers in the state (as described above) will also be required to include EEO-1 data in these periodic reports when they are normally due. In other words, the new requirements will apply to the employer’s next periodic report on or after July 1, 2027.

For more information, please contact Jessica Tsuda at jtsuda@foxrothschild.com, or another member of Fox Rothschild’s Labor & Employment Department.

[1] “Worker” means “Employee” as that term is defined in C.R.S. § 8-4-101(5). It includes any person, including a migratory laborer, who performs labor or services for the benefit of an employer. An individual who is (a) primarily free from control and direction in the performance of the service, both under contract and in fact, and (b) customarily engaged in an independent trade, occupation, profession, or business related to the service performed is not considered an “Employee” and is not counted as a “Worker.”

This information is intended to inform firm clients and friends about legal developments, including the decisions of courts and administrative bodies. Nothing in this alert should be construed as legal advice or a legal opinion. Readers should not act upon the information contained in this alert without seeking the advice of legal counsel. Views expressed are those of the authors and not necessarily this law firm or its clients.