D.C. Court of Appeals Maintains Ban on FCC Minority Recruitment Regulation

The Court of Appeals for the District of Columbia denied a review of a lower court’s decision striking down Federal Communications Commission (FCC) regulations that require broadcasters to ensure that their recruitment “ensures broad outreach while affording broadcasters flexibility in designing Equal Employment Opportunity (EEO) programs.” Option B, the segment of the rule that allows broadcasters to design their own programs, would require the report of applicant pool data, which the panel found facially unconsitutional. The increased recruitment could not, in the panel’s opinion, be implemented without harming white males.

The dissent to the denial of the rehearing, however, argues that “no record evidence suggests that such advertising would reduce the number of white males receiving job information. Indeed, broad outreach might reach more males.” “Nothing,” the dissent points out, “indicates that…the Commission’s goal is anything other than what it declares it to be: broad outreach.”


D.C. Circuit Court of Appeals - June 19, 2001 and Feminist Majority Foundation

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