The Massachusetts Equal Employment Opportunity (EEO) workforce data reporting deadline of February 2 – established by the Wage Transparency Act that became effective in 2025- has now passed. Covered employers were required to file their EEO reports with the secretary of the commonwealth by that date. Employers who met the deadline should retain confirmation of their submission for their records. Those who did not file on time should act promptly as the filing portal is currently accepting submissions.
This article provides an overview of which employers are covered, what they were required to file and what else Massachusetts employers should keep in mind, including a separate pay transparency requirement that remains ongoing.
Who Must File and What
Under Massachusetts law, employers are required to file their federal EEO reports with the secretary of the commonwealth if they meet both of the following criteria:
- They have 100 or more employees whose primary place of work is in Massachusetts.
- They are required to file a federal EEO report with the U.S. Equal Employment Opportunity Commission.
Employers who satisfy both conditions must submit the EEO reports they most recently filed at the federal level — specifically, for EEO-1 filers, those that covered the 2024 reporting cycle. The Massachusetts requirement does not call for a new or separate data collection; rather, employers simply submit the same reports they have already prepared for the EEOC.
Multistate employers can use a consolidated report, a headquarters report or an establishment-level report so long as all Massachusetts establishments and employees are covered.
Employers who are required to file EEO-3, EEO-4 or EEO-5 reports must submit those to the commonwealth in alternating years. Because 2026 is an even-numbered year, employers with an EEO-4 filing obligation must submit their EEO-4 reports this cycle; employers subject to EEO-3 and EEO-5 reporting requirements will need to file those reports with the commonwealth in 2027.
What Happens Now That the Deadline Has Passed
The Massachusetts statute sets the annual filing deadline as February 1 (which moved to February 2 this year because the deadline fell on a Sunday). While that deadline has now passed, employers who did not timely file should be aware that the secretary of the commonwealth’s EEO data filing portal is currently open, and filing as soon as possible is advisable.
Penalties for violations of the EEO reporting requirement start with a warning and increase with additional offenses:
- A warning for the first offense.
- A fine of not more than $500 for the second offense.
- A fine of not more than $1,000 for the third offense.
- For a fourth or subsequent offense, civil fines under G.L. c. 149, § 27C(b)(1)–(2).
Importantly, until October 29, covered employers who receive a notice to cure from the attorney general’s office have two business days to correct defects in their filing.
Because the cure period applies to defects in a filing rather than a failure to file altogether, employers who have not yet submitted anything should not assume the cure mechanism will be available to them. Consulting legal counsel about exposure for a missed deadline is advisable.
Whether filing now or preparing for future cycles, employers should verify that the reports they submit cover all Massachusetts establishments and employees and reflect the appropriate reporting year.
A Reminder About Pay Transparency Requirements
Massachusetts employers with 25 or more employees in the commonwealth became subject to pay transparency obligations in October 2025. Under this requirement, covered employers must disclose pay ranges:
- In job postings for positions that will be performed at least in part in Massachusetts.
- When an employee applies for a promotion or transfer.
- When an employee starts a new position.
- Upon an employee’s request for the pay range of their current role.
The pay transparency law is administered by the attorney general’s office, which has issued guidance and FAQs to help employers understand and implement the statute. Employers who have not yet reviewed these resources should do so promptly and, if needed, update hiring and internal mobility processes to reflect the disclosure requirements.
Key Takeaways for Employers
Massachusetts employers should use this moment to assess their compliance position. Here is what to keep in mind:
- Employers who filed on time should retain confirmation of their submission and ensure their records reflect which report type was submitted and which establishments were covered.
- Employers who did not file should submit through the portal as soon as possible. The penalty structure escalates with repeat violations, and the two-business-day cure period for filing defects expires on October 29. Consulting legal counsel is advisable.
- All covered employers should note that EEO-3 and EEO-5 filers will need to submit to Massachusetts in 2027 while EEO-4 filers were due this cycle.
- Employers with 25 or more Massachusetts employees should review the attorney general’s guidance and FAQ documents on the pay transparency law and ensure their practices comply.
Massachusetts is one of a growing number of states imposing EEO data reporting requirements, and multistate employers should monitor whether similar obligations apply in other jurisdictions where they operate. Employers with questions about their specific obligations under the Wage Transparency Act should consult with legal counsel.
Sasha Thaler is a partner at law firm Constangy, Brooks, Smith & Prophete and co-chair of the firm’s Investigations Practice Group. With nearly two decades of experience in labor and employment law, she guides clients in the education, software, technology, manufacturing, staffing and hospitality sectors through the complexities of federal and state laws, including the FLSA, FMLA, ADA, Title VII and the WARN Act. She can be reached at adthaler@constangy.com.