5. CPB Employment Statistical Report

  1. EEO Legislation The EEO requirements of the Communications Act are as follows:

    (A) Funds may not be distributed pursuant to this subsection for any fiscal year to the licensee or permittee of any public broadcast station if such licensee or permittee—

    (i) fails to certify to the Corporation that such licensee or permittee complies with the Commission’s regulations concerning equal employment opportunity as published under section 73.2080 of title 47, Code of Federal Regulations, or any successor regulations thereto; or

    (ii) fails to submit to the Corporation the report required by subparagraph (B) for the preceding calendar year.

    (B) A licensee or permittee of any public broadcast station with more than five full-time employees is required to file annually with the Corporation a statistical report, consistent with reports requirements by Commission regulation, identifying by race and sex the number of employees in each of the following full-time and part-time job categories:

    (i) Officials and managers.

    (ii) Professionals.

    (iii) Technicians.

    (iv) Semiskilled operatives.

    (v) Skilled craft persons.

    (vi) Clerical and office personnel.

    (vii) Unskilled operatives.

    (viii) Service workers.

    (C)  In addition, such report shall state the number of job openings occurring during the course of the year. Where the job openings were filled in accordance with the regulations described in subparagraph (A) (i), the report shall so certify, and where the job openings were not filled in accordance with such regulations, the report shall contain a statement providing reasons therefor. The statistical report shall be available to the public at the central office and at every location where more than five full-time employees are regularly assigned to work.  396(k)(11)

  2. Employment Statistical Report:  The Communications Act requires stations with six or more full-time employees to annually report to CPB the race and sex of the number of employees in the full- and part-time categories below.  CPB requires  all stations to provide this information annually in their Employment Statistical Report[2].
    1. officials and managers,
    2. professionals,
    3. technicians,
    4. semiskilled operatives,
    5. skilled craft persons,
    6. clerical and office personnel,
    7. unskilled operatives, and
    8. service workers.
  3. Access to the Employment Statistical ReportThe Act requires that stations make their Employment Statistical Report available for review by the general public at their central offices and at every location with six or more employees. 
  4. Job Openings Annual Certification: The Act requires stations to certify annually to CPB that it filled all job openings in accordance with FCC regulations, or to provide CPB with a statement explaining the reasons for each noncompliance. Stations are required to provide this certification and related information in their Employment Statistical Report.
  5. Annual EEO Certification:  The Act requires stations to certify annually to CPB that they comply with the EEO regulations published under Section 73.2080 of Title 47, Code of Federal Regulations or any successor regulations. Stations provide this certification through CPB’s Certification of Eligibility. 
  6. Other EEO and Nondiscrimination Requirements: Stations are subject to additional EEO and nondiscrimination provisions in other federal, state, and local laws and regulations, including but not limited to, those listed below. Stations should consult their legal counsel to ensure their compliance. 
    1. Americans with Disabilities Act of 1990 (42 U.S.C. §12101);
    2. Civil Rights Act of 1964 (42 U.S.C. §2000e);
    3. Equal Pay Act of 1963 (29 U.S.C. §206);
    4. Age Discrimination in Employment Act of 1967 (29 U.S.C. §621-34);
    5. Title VI of the Civil Rights Act of 1964 (42 US.C. §2000d);
    6. Title IX of the Education Amendment of 1972 (20 U.S.C. §1681); and
    7. Title V of the Rehabilitation Act of 1973 (29 U.S.C. §790-94).

[1] Found in the applicable year’s General Provisions, Section titled “Payment Schedule and Reporting Requirements.” 

[2] It is the Employment (Section 1) of the Station Activity Survey (SAS).