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Starks, Rosenworcel Unsatisfied With Compromise EEO NPRM

An NPRM on equal employment opportunity enforcement offered by FCC Chairman Ajit Pai to satisfy concerns raised by Democratic commissioners doesn't go far enough to solicit diversity data, said Commissioners Jessica Rosenworcel and Geoffrey Starks in statements released with the…

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approved item Friday. Though the NPRM in docket 19-177 was first proposed as a compromise offering to Starks and Rosenworcel (see 1902140053), both voted “concur” on the item. “I asked that we include language in this item to refresh the record on this languishing EEO data collection,” said Starks. “Unfortunately, my request was denied.” The item seeks comment on the FCC's track record on EEO enforcement and on whether it should be improved. ”What elements of the Commission’s EEO enforcement program are effective?” the NPRM asked. It seeks comment on modifying the EEO audit program to ensure that hiring decisions aren't made before jobs are widely posted. The NPRM is “unduly narrow,” said Rosenworcel. It “neglects to inquire about data that will help inform our work to modernize these policies,” she said. Starks unsuccessfully asked the item include a Further NPRM on collecting EEO data through Form 395-B. Pai said he has constitutional concerns about collecting such data. Looking into EEO enforcement was proposed in filings from a collection of 33 diversity groups, but the NPRM doesn't explicitly seek comment on some proposals from those filings. The diversity groups proposed the agency focus first on identifying companies using word-of-mouth recruitment and then require the Form 395-B data collection only from companies that had already been found to be violating EEO rules.