FCC Defends EEO Order at 5th Circuit
The FCC has congressional authorization to collect Form 395-B data and didn’t violate broadcasters' constitutional rights in issuing its equal employment opportunity order, the agency said in a brief filed Friday in the 5th U.S. Circuit Court of Appeals. The…
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brief responds to challenges against the EEO order brought by the National Religious Broadcasters, the American Family Association and the Texas Association of Broadcasters. “The mere fact that a regulation takes account of race or sex does not make it suspect,” said the FCC. Adding a nonbinary option to gender choices on the form is a “minor change in terminology” for “a category of information that the Form 395-B already collected in 1992,” and thus is well within the agency’s authority, the FCC said. “Nothing about the collection or disclosure of Form 395-B data interferes with a broadcaster’s ability to communicate its own message or suggests the broadcaster agrees with the FCC’s views.” The agency said it “has a legitimate public interest” in collecting workforce diversity data “to facilitate analysis and reporting on broadcast industry workforce trends.”