This article is part of an ongoing legal series designed to provide insight and practical guidance on current and emerging workplace compliance issues. These insights shared by lawyers are based on their interpretation of existing regulations and proposed changes, and intended for informational purposes, not to be regarded as legal advice.
Presently, the federal government requires certain employers to regularly file equal employment opportunity (EEO) information to the Equal Employment Opportunity Commission (EEOC) in an EEO-1 report. That report must provide demographic information about the employer’s employees. In the last few years, several states have enacted state-level laws that require employers to submit pay and demographic information about their employees periodically.
In the midst of active, substantial changes at the federal and state levels, staying up to date on your obligations brings new challenges. Outsolve is here to help by informing HR professionals,, and business owners when changes occur and what those changes mean.
Jurisdictions with EEO-Style Reporting Requirements
As of June 2026, several states have passed laws that require businesses to comply with EEO-style reporting requirements, along with New York City. These laws vary by who they apply to, what data you must include, and when you need to submit a report.
| Jurisdiction | Covered Employers | Required Data | Reporting Deadlines |
|
California |
Private employers with 100 or more employees when at least one employee works in California, including labor contractor clients who provide workers as their business |
Pay, race/ethnicity, sex, job category, employment type, total hours worked, median and mean hourly pay rates, and pay band information |
Annual, the second Wednesday of May of each year |
|
Colorado |
Private employers with 100 or more employees that conduct business in the state |
EEO-1 report data as the form existed on March 1, 2026 |
Annual, part of periodic reporting requirements for Colorado businesses, which are due each year at the end of the month your business formed |
|
Illinois |
Private employer with 100 or more employees in Illinois, including remote employees |
Pay, race/ethnicity, sex, job category, hours worked, job title, county of employment |
Must apply within three years of beginning operations, then biennial (every other year), due two years after the first certificate’s issuance date |
|
Massachusetts |
Employers subject to EEO-1 reporting obligations |
EEO-1 report data |
Annual, by February 1 |
|
New York City |
Private employers with 200 or more employees in NYC |
Data from EEO-1 component 2 reports for years 2017 and 2018 plus gender identity options |
Annual once the mayor designates an agency to create a fillable report form and the agency finalizes the form |
Given the EEOC’s proposal to eliminate EEO-1 reports, more states may look to supplement the loss of that report data. We may see more states pass laws or, in Massachusetts’ case, amend existing laws to require reports should the EEOC’s proposed elimination of EEO reports become law. Colorado likely passed its law in reaction to the EEOC’s proposal. The Colorado governor signed the act into law on June 4, 2026, setting an effective date when Colorado businesses must begin to comply as July 1, 2027.
Without federal standards, states might start to expand or redefine the data employers must collect, too. For example, starting on January 1, 2027, California is expanding the employment categories businesses select from. Rather than the EEOC’s 10, California will require businesses to select from 22 categories.
Jurisdictions with More Limited Reporting Requirements
While several jurisdictions have EEO-comparable reporting requirements that apply broadly to large private employers, several more have more limited EEO-like reporting requirements.
| Jurisdiction | Covered Employers | Required Data | Reporting Deadlines |
|
Minnesota |
Contractors with the state with contracts exceeding $100,000 and at least 40 full-time employees |
Race, ethnicity, sex, disability status, hours worked, training hours provided, including details about applicants and employees |
Construction contractors must provide monthly and annual reports, while other contractors file annual reports |
|
New Jersey |
Contractors with the state for qualifying services and public works |
Pay, gender, race, ethnicity, job category, and number of hours |
Weekly reports for public works and annual reports, by March 31, for services |
|
New York |
State contractors with construction contracts over $100,000 or goods and services contracts over $25,000 |
Pay, gender, race, ethnicity, job category, and number of hours |
Monthly reports for construction contractors and quarterly reports for others |
Some states, such as Connecticut, Kentucky and Wisconsin, also impose affirmative action, EEO or contractor compliance reporting requirements that may require employers to submit workforce demographic data similar to the data collected on federal EEO reports on state contractors.
What Are the Federal Government’s EEO Reporting Requirements?
The EEOC has proposed rescinding federal EEO reporting requirements. Subscribe to our weekly newsletter to stay up to date on this matter.
As of August 2026, the EEOC requires employers to provide several different types of EEO reports that vary primarily by employer:
- EEO-1 report—private employers;
- EEO-3 report—local unions;
- EEO-4 report—state and local governments; and
- EEO-5 report—elementary and secondary schools.
Generally, private employers must file annual EEO-1 reports if they have 100 or more employees or are affiliates of private employers with 100 or more employees. Private employers who work as federal contractors must file an annual EEO-1 report if they:
- Have 50 or more employees,
- Are prime contractors or first-tier subcontractors, and
- Have a contract or purchase order for at least $50,000 or accept deposits of government funds in any amount.
Covered employers must submit an annual report providing demographic data about their workforce during a fourth-quarter snapshot period. The employer chooses the particular snapshot.
What Data Does the EEO-1 Report Require?
The EEO-1 report asks businesses to categorize employees among ten options:
- Executive or senior-level officials and managers,
- First or mid-level officials and managers,
- Professionals,
- Technicians,
- Sales workers,
- Administrative support workers,
- Craft workers,
- Operatives,
- Laborers and helpers, and
- Service workers.
Alongside that categorical data, employers include details about employee race, ethnicity, and gender.
Why Might Federal Equal Employment Opportunity Reporting End?
On July 23, 2026, the EEOC published a Notice of Proposed Rulemaking (NPRM) in the Federal Register proposing to rescind the federal EEO-1, EEO-3, EEO-4, and EEO-5 reporting requirements. The proposal is now subject to a 30-day public comment period that ends on August 24, 2026, after which the EEOC will review submitted comments before determining whether to issue a final rule. However, the proposal does not immediately change current reporting obligations, and employers should continue monitoring EEOC guidance and preparing for any applicable reporting requirements. Employers with employees in states that have enacted their own workforce demographic reporting mandates may still be required to file similar reports, regardless of any future changes at the federal level.
EEO-1 Reports Moving Forward
The future of federal EEO reporting remains uncertain while the EEO’s proposal moves through the rulemaking process. Until a final rule is issued and becomes effective, employers should continue monitoring developments and be prepared to comply with any applicable federal, state or local workforce demographic reporting requirements.
Should the EEOC repeal the rule, states may act to fill the gap, like Colorado did. Outsolve tracks changes in federal and state-level regulations and will continue to monitor what the EEOC decides to do with EEO reports moving forward.
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