EEO: Six Key Tips For Staying Out Of Trouble

The FCC is increasing its attention to enforcement of its equal employment opportunity (EEO) rules.

Why now? One reason is criticism by advocacy groups of lax enforcement under FCC Julius Chairman Genachowski in the past. Some say the commission’s central focus on broadband deployment is a cause of that. Also, the new license renewal application cycle began June 1.The application requires EEO information for the whole expiring term, and traditionally the FCC focuses on EEO at renewal time.

Attention to the items listed below can help stations avoid heartache and FCC sanctions for noncompliance. These are selected items. For more information, stations should consult Section 73.2080 of FCC rules and their communications counsel.

1. Know what EEO information is required for license renewal, and assure to keep track of it continuously. That’s key because the renewal application asks about FCC compliance for the whole expiring term.

Two sets of EEO information are required by the license renewal application:

• FCC Form 396 (Broadcast EEO Program Report). A license renewal applicant having five or more full-time employees must file this form with its license renewal application (FCC Form 303-S).The FCC defines “full time” as permanent positions regularly requiring 30 or more hours per week. Form 396 asks whether the station has had any pending or resolved discrimination complaints (federal, state or local) during the license term, and for details about them. It also requires  the name and title of the station official responsible for EEO compliance; a copy of each of the annual EEO public file reports from the last two years; and a narrative statement demonstrating “how the station achieved broad and inclusive outreach during the two years before the license renewal application. Stations that have experienced difficulties in their outreach efforts should explain.” (See more on outreach efforts below).

• The renewal application itself requires: report any adverse findings made by a court or agency relating to discrimination;  certify that you’ve filed Form 396, and posted your most recent annual Broadcast Public File Report on your website (or explain why not); certify that all required local public file items, including EEO, have been placed in the public file “at the appropriate times” during the expiring license term.

2. Be prepared for a random FCC audit of station EEO compliance. Here’s a link to the FCC’s most recent audit letter, dated March 29, 2011. Note that it requires some information that is different from what other forms require. 

Each year the FCC conducts random EEO compliance audits of about 5% of all broadcast stations, commercial and noncommercial. Historically, these have occurred on a rolling basis during each quarter of the year. They start with receipt by a station (or cable or satellite operator) of an FCC audit letter. Some audits include no broadcast stations; others, like the latest one, include only broadcasters.

Review of the latest audit letter can help stations assure they’re keeping track of the information required by an audit. Note that the audit letter specifies a date by which the FCC must receive the station’s written answers; in this case, the March 29 letter required responses by May 9, 2011.

3. When choosing which EEO community outreach initiatives to do every two years, be realistic, and match your activities to the selected categories in advance, not the other way around.

Stations with five or more full time employees must perform, during each two-year period starting with the due date of the most recent license renewal application, two or four outreach initiatives (job fairs, internships, etc.) from the FCC’s list of 16 options. Stations (or “employment units” if there are two or more co-owned stations) with 5-10 full time employees, or are located entirely in a smaller market, must do two initiatives every two years. “Smaller markets” have less than 250,000 population, or are outside of all metropolitan areas.Stations with more than 10 full timers, and not in a smaller market, must do four initiatives.

To avoid a mad scramble near the end of each two-year period, choose your initiatives carefully and realistically based on what the station can accomplish reasonably. Do that at the beginning, or before the start, of each two-year unit. 

4. Be sure to “churn” your list of referral sources periodically during the license term.

Stations are expected to self-evaluate throughout the license term to assess whether their EEO programs are working or need adjustment. Part of that is to focus on your list of referral sources to weed out non-productive sources — that is, those that haven’t referred anyone when contacted about a vacancy, either ever or in a long time. The FCC expects more than just sending vacancy notices to the same “dead wood” organizations that haven’t helped the station to broaden its outreach in the community by generating qualified, diverse referrals in answer to the station’s notices of job openings.

5. After notifying recruitment sources of a vacancy, wait a reasonable time before hiring someone to allow applications to be submitted and reviewed by the station. 

The FCC has said it does not approve of reliance for full-time recruitment solely on “non-public” sources, such as existing employees, random walk-ins, or  Internet sites.Those can be used, but not to the exclusion of contacting the station’s list of referral sources (those that have requested vacancy notifications and those that haven’t but whom the station thinks may be good sources of diverse referrals). Be sure to recruit for all full time vacancies, and keep records of referral sources contacted and how many referrals each source produced for each job vacancy.

6. Stations don’t need to recruit for part-time or temporary jobs. But if one of those positions is converted to full time or permanent, recruiting (including contacting referral sources) must be done for it.