Law Firm Advises Employers on Navigating FCC DEI Investigations

WASHINGTON, April, 16, 2025 – As the Federal Communications Commission intensifies its scrutiny of diversity, equity, and inclusion initiatives—most notably with its recent probe into The Walt Disney Company—employment law firm Littler Mendelson is offering strategic guidance for organizations facing similar examinations.

Littler emphasized that while DEI efforts remain valuable, they must be carefully structured to comply with anti-discrimination laws. Key recommendations included:

• Ensure Equal Access: All employment benefits and opportunities should be accessible to all employees, irrespective of protected characteristics.

• Inclusive Affinity Groups: Employee resource groups and similar programs should be open to all, avoiding restrictions based on specific demographics.
• Avoid Quotas: Setting numerical targets or quotas based on race, gender, or other protected traits can lead to legal challenges.
• Differentiate Creative Decisions: For media and entertainment companies, distinguish between creative content decisions—potentially protected by the First Amendment—and employment practices subject to regulatory oversight.
• Conduct Internal Reviews: Undertake privileged assessments of DEI initiatives to identify potential legal risks and ensure compliance.

With the FCC signaling potential consequences, such as blocking mergers or revoking licenses over perceived DEI-related discrimination, Littler advised to take proactive measures to align DEI programs with current legal standards.