2026 Massachusetts EEO-1 Reporting
Massachusetts EEO-1 Reporting Deadline February 2, 2026
Massachusetts requires private employers with 100 or more employees located in the state to submit their most recently filed EEO-1 Reports by February 2, 2026 to the state’s Reporting Portal.
Private employers subject to the law must submit the company’s most recent EEO-1 Report(s) covering all Massachusetts locations. EEO-1 Reports for locations outside Massachusetts are not required to be submitted.
The law, which was first enforced last year, has continued to create confusion for employers
because the reporting requirement is misleadingly described as a “wage data report”. However, there is no current requirement for private employers to include wage data in the reporting.
Which Employers Must Report?
Private employers, with at least 100 employees in Massachusetts, that are required to file federal EEO-1 Reports, must submit to the state copies of its EEO-1 Reports covering all Massachusetts locations.
The Confusion Regarding "Wage Data Reports"
There continues to be understandable confusion about the law’s reporting requirements. The law requires covered Massachusetts employers to submit a “wage data report” to the state annually. The definition of “wage data report” includes EEO-1 Reports for private employers and separately EEO-4 Reports for state and local governments.
While EEO-1 Reports do not currently include pay data, EEO-4 Reports do require pay data
reporting.
The EEOC formerly collected pay data as part of EEO-1 Reporting for calendar years 2017 and 2018, but that collection was discontinued and we do not expect it to return during the Trump administration.
If the EEO-1 reporting requirements are revised in the future to include pay data reporting, only then will private employers in Massachusetts be required to include pay data reporting in its submissions to the state.
Key Employer Takeaways
The law requires private employers subject to the law to submit their Massachusetts EEO-1
Reports to the Portal by February 2, 2026.
Despite the law’s language describing the reporting requirement as a “wage data report”, there is no requirement for private employers to submit wage data.
Multi-state employers are only required to submit EEO-1 Reports for Massachusetts locations.
If you have questions or want assistance filing your EEO-1 Reports with Massachusetts,
simply reply to this email or contact the Silberman Law legal professional with whom you work.
