The Federal Communications Commission (FCC) has voted 3-2 to reinstate a mandate that broadcasters disclose the race and gender of their employees via Form 395-B.

This decision, however, has been met with dissent, particularly from FCC commissioner Brendan Carr.

In a public statement, Carr expressed his opposition to the ruling, stating, "Courts have already overturned the FCC *twice* for pressuring broadcasters into making hiring decisions in violation of the Constitution." He further noted that the Civil Rights Act of 1964 mandates the government to keep such data confidential when collected by the Equal Opportunity Employment Commission. Carr argued that the FCC's approach diverges from this, in a manner that has previously been deemed unconstitutional.

Carr's dissent, documented in FCC 24-18, highlighted the FCC's intention to publish demographic data "on a station-by-station basis." This would allow the public to view a diversity scorecard for individual stations, rather than presenting aggregate data. Carr contended that this approach is designed to coerce organizations into considering race and gender in their hiring decisions, a practice he deems a "violation of the equal protection guarantees of the Due Process Clause of the Fifth Amendment to the U.S. Constitution."

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Carr further emphasized the gravity of the FCC's alleged unconstitutional conduct, citing the Supreme Court's assertion that distinctions based on ancestry are fundamentally repugnant to a free society grounded in the principle of equality. He also referenced the Supreme Court's assertion that racial classifications could potentially stigmatize individuals and incite racial hostility.

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As reported by the Colorado Springs Gazette, Form 395-B was initially proposed in the 1990s. However, the US District Court for the District of Columbia suspended its use in 2001 due to concerns over confidentiality. The recent confirmation of Anna Gomez, President Biden's nominee for commissioner, by the Senate in September, provided the FCC with the necessary votes to reinstate the policy.