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ARTICLE · 21 MAY 2024

Broadcasters Need To Pay Heed To FCC's EEO Requirements

Davis Wright Tremaine LLP
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Reinstated workforce demographic reporting requirement and increased FCC enforcement of EEO rules against broadcasters call for increased focus on compliance...

United StatesMedia, Telecoms, IT, Entertainment
Burt Braverman Esq
Burt Braverman Esq
David Silverman
David Silverman
Robert G. Scott, Jr.
Robert G. Scott, Jr.

The Federal Communications Commission recently reinstated commercial and noncommercial television and radio broadcasters' obligation to annually report workforce composition data, including the gender, race, and ethnicity of their employees, effective June 3, 2024. (See the FCC Form 395-B section below.) This action came on the heels of the FCC's increased enforcement of its EEO rules against broadcasters for recruiting and recordkeeping violations. Given the Commission's heightened attention to broadcasters' EEO obligations, all radio and television broadcast licensees must focus on compliance with these rules.

We recommend a four-step approach to compliance. First, broadcasters should determine which of the FCC's EEO rules apply. Second, broadcasters should verify that they have implemented the FCC's three-pronged approach to EEO compliance – recruitment, notification, and menu options. Third, broadcasters must keep records necessary to demonstrate

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