Decision by U.S. Appeals Court, D.C., to apply strict scrutiny to...
Decision by U.S. Appeals Court, D.C., to apply strict scrutiny to FCC EEO rules “creates a substantial conflict in the case law,” Minority Media & Telecom Council and People for the American Way said in joint petition for rehearing…
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(CD March 5 p9, Jan 17 p1). Petition said other courts had said repeatedly that such programs weren’t subject to strict scrutiny because they didn’t create racial preference. FCC made it clear in its rules that race or gender shouldn’t be basis for hiring decisions, petition said: “The FCC made it clear that it would use applicant pool data merely as an indicator that broad outreach has been achieved.” Minority groups also disputed Appeals Court ruling that they said “simply assumes that Option B makes non-minorities into victims of discrimination.” Petition seeks either rehearing or en banc hearing.