Foster Garvey communications law attorney Brad Deutsch was quoted in Communications Daily, discussing the ongoing debate over the FCC's Equal Employment Opportunity (EEO) order that adds non-binary gender options for employees on the recently reinstated Form 395-B, an FCC form used to collect and report on workforce composition data for the broadcasting industry, following a more than 20-year hiatus.
Several Catholic broadcasters and groups are contesting the EEO order, filing two separate petitions and arguing that this change violates their religious beliefs and liberties.
Brad highlighted the practical challenges presented when non-binary options are absent, noting that several of the firm's public media clients have board members who identify as nonbinary. He also explains how the omission of non-binary gender classifications poses a significant obstacle to accurate reporting of workforce diversity data.
In efforts dating back to September 2021, Foster Garvey and a coalition of its public radio and television broadcasting clients teamed up to successfully petition the FCC to revise Form 395-B to include options outside the traditional male or female binary.
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