The National Association of Broadcasters (NAB) has filed a Petition for Partial Reconsideration with The Federal Communications Commission (FCC) regarding the public release of employee demographic data from radio and television stations. Here’s what’s happening:
Background: The FCC is reinstating the mandatory collection of diversity data (known as Form 395-B) after a 20-year pause. This data includes information on gender, race, ethnicity, and job function for each station employee.
NAB’s Concerns: Free Speech and Equal Protection: The NAB argues that publicly disclosing this data on a station-specific basis violates both the Free Speech Clause of the First Amendment and the equal protection component of the Fifth Amendment.
Harassment Concerns: Non-binary employees may face harassment due to the FCC’s decision to include this information in online public files.
Statutory Authority: The NAB questions the FCC’s authority to regulate equal employment opportunity practices of radio stations.
NAB’s Petition: The NAB believes that making this data public is subject to strict scrutiny and that the FCC hasn’t demonstrated a compelling interest in doing so.
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