As we noted previously, the FCC reversed a decades-old decision and reinstated EEO Form 395-B. The form requires yearly reporting on a station’s employees, broken down by race, gender, and employment position. The new rule would require stations to make their EEO employment profile public. This rule is the subject of several lawsuits, including one filed by the Texas Association of Broadcasting. Oral arguments are scheduled for today, Tuesday, February 4th.
With a change in administration, it now looks like the Department of Justice and the FCC may no longer support imposing the rule. Implementing such a rule would conflict with the Trump administration’s opposition to DEI. The lawyers opposing the new rule asked whether the Trump administration’s position opposing DEI would impact this new regulation. In a letter to the court, the Department of Justice and FCC stated:
“I write to respond to Petitioners’ 28(j) letter submitted January 24, 2025. The United States acknowledges that much of the Federal Communications Commission’s data collection through Form 395-B is mandated by statute. See 47 U.S.C. § 334. Nevertheless, to the extent such data collection is not statutorily required and is inconsistent with recent Executive Orders, including Defending Women from Gender Extremism and Restoring Biological Truth to the Federal Government (Jan. 20, 2025) and Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025), the United States no longer subscribes to the views in the Brief for Respondents submitted November 4, 2024.”
This sends an important signal to the court. While acknowledging that data collection is mandated by a congressional statute, the letter indicates that Form 395-B and the publishing of a station’s employment profile may not be required.
Oral argument in this case is set for today, Tuesday, February 4th. We will update you on any developments.
You can see the Department of Justice’s letter to the court here.
You can access previous stories in NewStream about Form 395-B here.