FCC To Investigate ABC/Disney Stations for Unlawful DEI Practices

Chairman Carr’s latest letter announcing an investigation is related to the Diversity Equity Inclusion (DEI) practices of ABC/Disney stations and whether they did or may constitute a form of discrimination under the FCC’s EEO rules.  The DOJ has issued some guidance covering the selection, hiring or exclusionary workplace practices founded on DEI and handling workplace complaints about DEI.

Now is a good time for a reminder that every broadcast station – regardless of its number of employees – is prohibited from discriminating in employment on the basis of race, color, religion, national origin, or sex.  That includes both hiring and workplace practices.  Scrutiny can therefore occur at any time for any station, whether in the form of a random EEO audit or in response to an FCC filing containing an EEO certification.  An employee-filed EEO complaint to an EEO Commission or in a court of law also triggers automatic FCC obligations, regardless of the outcome.