An FCC decision fining a cable company $11,000 for not adequately recruiting for job openings should be viewed as a warning to broadcasters as well as well as MVPDs – failure to recruit for job openings by disseminating information about those opening through diverse sources will likely result in a substantial fine under the current rules being enforced by the Commission’s Media Bureau. As the Commission has held before (see our article here), simply recruiting through online sources will not be enough to avoid the imposition of a fine. In this case, the FCC specifically points out that approximately 30% of the cable system’s service area did not have Internet access, so people in that group were likely not exposed to information about the station’s job openings. As the Commission requires that job openings be publicized so as to reach all groups within a system’s (or a broadcast station’s) recruitment area (which is related to its core service area), the decision found that the failure to recruit so as to reach this significant portion of the local population, together with the failure to complete one year’s EEO public inspection file report, merited a fine of $11,000.
One of the interesting aspects of this decision is the emphasis that the Media Bureau continues to put on the distinction between online recruiting and other more traditional means of reaching out to potential job applicants (e.g. using employment agencies, sending notices to community groups, using college job offices, etc.). Even though Commissioner O’Rielly has suggested that the Commission allow recruiting to be done solely using online sources (see our article here), as that is much more in tune with the way that job seekers today look for potential employment opportunities, the Commission continues to insist on station’s using these more traditional outreach efforts regardless of their success rate. In fact, the FCC has never revisited its 2003 EEO order that presumes that the local newspaper is a source that can reach most groups within a community, when it no doubt can be proven that, in today’s world, the circulation of online job sites is significantly greater than that of almost any newspaper. Commissioner O’Rielly notes that the FCC itself has recognized the reach of the Internet through actions such as the requirements that broadcast and MVPD public files be moved online, and that disclosures about contest rules can be made online. Yet, in the EEO world, online recruitment, unless tied with the use of other more traditional outside sources, will bring a fine. Certainly, it is an issue that the FCC needs to revisit – and one that perhaps will be revisited in appeals of decisions like this one, or in response to the calls of Commissioner O’Rielly and others.
For more information about compliance with the EEO rules, you can find a link to a presentation that I did last year for 19 state broadcast associations on the EEO rules for broadcasters. Also, you can see our post about an EEO webinar in which I participated, held by the FCC in early 2012 to explain its EEO rules. You may also want to review the last set of fines for EEO violations that were released a bit over a year ago, about which we wrote here. The FCC is still enforcing its EEO rules, and still conducting random EEO audits (see our article on the last EEO audit list released last month), so make sure that your station is in compliance with the FCC’s rules.