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FCC Revises – But Does Not Reinstate - EEO Form 395-B

The FCC has amended FCC Form 395-B, which requests certain data from broadcasters concerning the racial and employment categories of employees. Collection of Form 395-B has been suspended since 2003, when the FCC stated its intention to conform the racial and employment categories on Form 395-B with those on the Equal Employment Opportunity Commission's (EEOC) Form EEO-1. Earlier this year, the EEOC finally issued a revised Form EEO-1, so the FCC has taken steps to revise Form 395-B accordingly. The changes to Form 395-B are not substantive in that they only slightly modify the descriptions and titles of certain categories that already existed on the earlier version of Form 395-B. Most significantly, the FCC has not yet reinstated Form 395-B, so for the time being the form remains suspended. The certain outstanding questions concerning Form 395-B raised by the FCC remain unanswered, such as whether the form should be collected on an anonymous basis to prevent unlawful pressure on broadcasters to adopt race or gender-based hiring policies. Please continue to watch The NAB Pulse for further developments.



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