America First Legal (AFL) has achieved a significant legal victory as the U.S. Court of Appeals for the Fifth Circuit ruled in favor of their argument against the Federal Communications Commission (FCC). The court determined that the FCC does not have the statutory authority to mandate television and radio broadcasters to collect and report employee race and sex data.
Dan Epstein, Vice President of America First Legal, commented on the ruling: “The Fifth Circuit agreed that the Biden FCC’s politicized interrogation of broadcasters to obtain race and sex data was wholly outside the agency’s authority. Worse, using the inquisitorial power of government to threaten workplaces to cave into political pressure is unconstitutional.” He further urged both the FCC and EEOC to reconsider their practices to prevent unlawful discrimination.
The controversy began during President Biden's administration when, on February 22, 2024, the FCC announced its intention to require broadcasters to file Form 395-B annually. This form collects data on race, ethnicity, and gender for employees within specific job categories.
On May 14, 2024, AFL, representing National Religious Broadcasters and the American Family Association alongside Boyden Gray PLLC, filed a petition with the Fifth Circuit. They challenged this order as it required public disclosure of sensitive employee information without lawful authority.
In their filings, AFL stated that “the FCC lacked statutory authority to issue the Order under 47 U.S.C. § 334 or any other law,” emphasizing that there was no legal basis for such data collection. The court concurred with this position in its decision by affirming that “the FCC lacks statutory authority to require broadcasters to submit employment data under Form 395-B.”