Commencement of 2014 Annual EEO Audits
On February 18, 2014, the Federal Communications Commission's Media Bureau released Public Notice DA 14-206 announcing the commencement of its 2014 Equal Employment Opportunity (EEO) audits. On February 12, 2014, the Commission mailed the first batch of 2014 EEO audit letters to randomly selected radio and television broadcast stations across the United States and its territories.
Under 47 C.F.R. § 73.2080(f)(4), the Commission is required to annually audit the EEO programs of randomly selected broadcast licensees. Each year, approximately five percent of all commercial and noncommercial radio and television stations are chosen for review.
Audit Requirements and Requested Data
The inquiry requires detailed workforce and recruitment records from each audited station employment unit depending on staff size. Units employing fewer than five full-time employees—defined as individuals regularly assigned to work 30 hours per week or more—are exempt from full recruitment obligations but must submit a list of full-time staff by job title and weekly hours, along with disclosure of any discrimination complaints.
Employment units with five or more full-time employees must submit extensive documentation covering their EEO compliance, including:
- Copies of the unit's two most recent EEO public file reports pursuant to Section 73.2080(c)(6), including station website URLs and direct links where these reports are hosted.
- Dated documentation of job advertisements, bulletins, letters, faxes, emails, and notices announcing each full-time vacancy filled during the period covered by the public file reports.
- Data showing the total number of interviewees for each vacancy and the specific referral source for each interviewee pursuant to Section 73.2080(c)(5)(v).
- Verification of recruitment initiatives undertaken under Section 73.2080(c)(2), such as participation in job fairs, mentoring programs, or staff training.
- Disclosures of all pending or resolved unlawful employment discrimination complaints filed during the current license term before any federal, state, territorial, or local authority.
- Descriptions of management responsibilities for EEO policies (§ 73.2080(b)), regular internal analysis of recruitment efficacy (§ 73.2080(c)(3)), and periodic reviews of compensation, benefits, seniority, and promotion practices (§ 73.2080(c)(4)).
- Specific documentation rules applicable to religious broadcasters relying on religious qualifications under Section 73.2080(a).
Time Brokerage, Submission Deadlines, and Procedures
Licensees of brokered stations and third-party brokers operating under time brokerage agreements must coordinate responses based on full-time employee allocation rules outlined in 47 C.F.R. § 73.2080(f)(3).
Audit responses must be received by the FCC no later than March 31, 2014. Filings must be addressed directly to EEO Staff, Policy Division, Media Bureau, Federal Communications Commission, 445 12th Street, S.W., Washington, DC 20554, rather than the Office of the Secretary. Responses may be submitted on CD or other electronic media provided they include a paper certification with an original signature from an authorized officer, partner, or principal.
Stations that were audited in 2012 or 2013, or whose most recent license renewal application was granted by final order within the past 18 months, may be exempt from submitting a full response upon confirming their status with the Media Bureau.
- Licensees must place copies of the audit letter and response in their public inspection files pursuant to 47 C.F.R. §§ 73.3526(e)(10) and 73.3527(e)(11).
- Submissions must exclude personally identifiable information, such as social security numbers and home addresses.
- Extensions of time will be granted only upon written request showing extraordinary circumstances.