On June 4, 2026, Colorado Governor Jared Polis signed HB 26-1207 into law, which requires private employers with 100 or more employees nationwide to include EEO-1 data reporting in their Periodic Reports. This new requirement will go into effect regardless of any future changes to federal EEO-1 reporting requirements.
Beginning July 1, 2027, covered employers will be required to file an annual Periodic Report with workforce demographic data, including race, ethnicity, gender, and job category information.
Background
Private employers within Colorado, including limited liability companies, corporations, nonprofit corporations, and foreign entities are required to file an annual Periodic Report with the Colorado Secretary of State.
The report helps ensure company information remains current, including the principal office address and registered agent details. Filing is required even if no information has changed, as it confirms the company has reviewed its information and verified that it is accurate. For more information, visit the Colorado Business FAQs on Periodic Reports.
New Reporting Requirements
Beginning July 1, 2027, covered employers must include certain EEO-1 data in their Periodic Reports filed with the Colorado Secretary of State. This includes workforce demographic data collected through the federal Form EEO-1, which categorizes employees by race, ethnicity, gender and job category.
Covered Employers are employers subject to EEO-1 reporting requirements under the federal rules that were in effect on March 1, 2026, including:
- Employers with 100 or more U.S. based employees* at any time during the fourth quarter of the previous calendar year
- Federal contractors with 50 or more employees and federal contracts totaling at least $50,000 in the previous calendar year
*Affiliated Entities/Control Group: If a company is owned by, affiliated with, or under centralized ownership, control, or management with another company, such as through centralized personnel policies and labor relations, the group may be treated as a single enterprise. In that case, employees across all affiliated companies are counted when determining whether the 100-employee threshold is met.
It remains unclear whether Colorado will require EEO-1 data for all employees or just employees that work in Colorado. Additional guidance is expected, and we will continue to monitor developments and provide updates.
Filing Deadline for Periodic Reports and EEO-1 data
EEO-1 data will be added to the Periodic Report template filed with the Colorado Secretary of State. Each entity is assigned a periodic reporting month by the Colorado Secretary of State. The report may be filed up to two months before or two months after the assigned reporting month without penalty.
If the reporting month is unknown, it can be found in the entity summary by searching Colorado’s public business database.
Employer Action Items
Employers with Colorado employees and 100 or more total U.S. based employees should consider taking the following steps now:
- Determine whether you will be required to include EEO-1 data in your Colorado Periodic Report.
- Prepare to gather the required information ahead of your assigned periodic reporting month.
Colorado is expected to issue additional guidance over the coming year. We will continue to monitor developments and provide updated guidance.
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