New EEOC guidance axes diversity provision in NPR union contract
Ted Eytan / via Creative Commons
New guidance from the U.S. Equal Employment Opportunity Commission has neutralized a diversity provision in NPR’s collective bargaining agreement with the Screen Actors Guild–American Federation of Television and Radio Artists union.
The agreement had required that at least 30% of external candidates interviewed for open bargaining unit positions be from underrepresented groups “who would advance NPR’s diversity, equity, and inclusion priorities, including but not limited to persons of color, women, members of the LGBTQ+ community, people with disabilities, and military veterans.”
In an email to union leaders Friday that was obtained by Current, NPR attorney Stuart Harding said the provision conflicted with EEOC guidance about DEI in the workplace that was updated Wednesday. The commission listed DEI practices and policies that it deems unlawful, including “Selection for interviews, including placement or exclusion from a candidate ‘slate’ or pool.”
The bargaining agreement “included language saying that NPR’s efforts in this area would be ‘consistent with applicable law,’” wrote Harding, the network’s associate general counsel for labor and employment. “With this new guidance from the EEOC, the CBA provision described above is now no longer considered lawful. Therefore, effective immediately, the provision regarding the composition of the candidate pools no longer has any force or effect.”
“NPR’s Talent and Acquisition group will work diligently to recruit from a wide range of sources and bring in the best possible candidates for any open position across the company,” Harding wrote. “As we have always been, NPR remains committed to finding the best journalists that make up who we are as NPR.”
New York Times reporter Benjamin Mullin first shared news of Harding’s email on social media.
An NPR spokesperson did not respond to a request for comment. A SAG-AFTRA spokesperson declined to comment.
Earlier this month, the SAG-AFTRA National Board passed a resolution that reaffirmed the union’s “unwavering commitment to equal employment opportunity, diversity, equity, inclusion, and accessibility as fundamental to the mission of our union and the future of our industry.” The resolution added that SAG-AFTRA “remains steadfast in its commitment to holding the industry accountable for meeting its contractual obligations.”
This article has been updated to indicate that the SAG-AFTRA spokesperson declined to comment.
