Fortune | FORTUNE 07月17日 18:02
The anti-DEI movement has a new ally: The FCC
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近期,美国联邦通信委员会(FCC)以一种前所未有的方式,利用其监管权力对企业的多元化、公平性和包容性(DEI)倡议进行施压。FCC主席明确表示,推行DEI的企业可能无法获得并购交易的批准。这一策略已导致Verizon、T-Mobile等公司大幅削减或取消了其DEI项目,并在随后的并购申请中迅速获得FCC的批准。法律专家指出,FCC此举超出了传统监管范围,可能存在法律争议,而企业为求快速获批而放弃DEI的做法,也可能面临消费者抵制等长远风险。

🌐 FCC运用监管权力干预企业DEI政策:FCC主席公开警告,推行DEI的企业可能无法获得并购交易的批准,并点名了包括Verizon、T-Mobile在内的多家公司。这种做法被法律专家认为是前所未有的,显示了政府在推动反DEI议程上的创意和决心。

🚀 企业为获批积极调整DEI策略:在FCC的压力下,Verizon和T-Mobile已采取行动,承诺取消DEI相关的培训材料、修改供应商网络和员工资源 group,并停止旨在增加女性和少数族裔代表性的招聘目标。Verizon明确表示,公司认识到某些DEI政策可能与歧视相关,因此正在修改实践并终止相关政策。

✅ 调整DEI策略后并购获批:Verizon在向FCC承诺调整DEI政策后,其200亿美元的并购交易迅速获得批准,FCC明确指出Verizon终止DEI举措是获批的关键因素之一。T-Mobile在宣布取消所有DEI项目后,其价值44亿美元的收购交易也很快获得FCC的放行。

⚖️ 法律专家质疑FCC做法的合法性:有法律专家认为,企业在DEI问题上可能存在对抗FCC的法律依据,因为FCC可能未遵循正确的法律标准。虽然企业通常会接受FCC提出的条件以确保交易顺利进行,但这些条件很少会超出对普通消费者的潜在影响范围。

⚠️ 放松DEI或带来潜在风险:DEI倡导者警告称,取消DEI项目可能会给企业带来未来的风险。一项研究表明,约68%的商业领袖认为放弃DEI政策会增加公司的风险。有专家预测,企业为迎合FCC而放弃DEI的做法,可能会招致类似于Target公司曾面临的消费者强烈反对。

Over the past few months, the Federal Communications Commission has been using its power in what legal experts say are unprecedented ways to take aim at one of the president’s top vexations: Diversity and inclusion initiatives.    

FCC chair Brendan Carr warned in March that businesses promoting DEI may not receive approval from the agency for their merger and acquisition deals. He specifically called out Paramount, Verizon and T-Mobile, all of which had M&A agreements before the agency at the time. “Any businesses that are looking for FCC approval, I would encourage them to get busy ending any sort of their invidious forms of DEI discrimination,” Carr told Bloomberg in an interview

That’s exactly what has played out. All three businesses have rolled back their DEI policies. Just days after doing so, Verizon and T-Mobile were both given the green light by the FCC for major acquisitions. “I’ve never seen this happen before,” says Michael Elkins, partner and founder at MLE Law. The agency is using “their leverage to get rid of whatever they deem unlawful.”

T-Mobile, Paramount, Verizon, and the FCC did not respond to Fortune’s request for comment.  

DEI watchers Fortune spoke with say they’re not shocked that the federal government is taking an active interest in these policies—President Trump, after all, has been explicit in speeches and executive orders about wanting to do away with DEI. But they add that the FCC’s actions show how far the administration is willing to go outside traditional norms to accomplish its anti-DEI agenda. 

“I think what we’re seeing from this administration is an attempt to be as creative as possible in thinking widely about what other agencies they can bring into this anti-DEI operation,” says David Glasgow, executive director of the Meltzer Center for Diversity, Inclusion, and Belonging at New York University. “What other tactics they can use that haven’t been done before.” 

The FCC DEI rollbacks

The FCC dealings of Verizon, Paramount, and T-Mobile all follow a familiar pattern.  

Verizon sought approval from the FCC earlier this year for a $20 billion deal to buy broadband provider Frontier Communications. But in a February letter, the agency raised concerns over the telecommunication company’s DEI programs, warning that they didn’t meet the standards set by the Trump administration. 

Verizon responded to the agency in May, pledging to remove DEI from its training materials, modify its supplier networks as well as its employee resource groups (ERGs), and remove hiring goals aimed at increasing the representation of women and minorities. “[V]erizon recognizes that some DEI policies and practices could be associated with discrimination,” wrote Vandana Venkatesh, executive vice president and chief legal officer for the company. “For that reason Verizon reaffirms its commitment to equal employment opportunity and nondiscrimination and is modifying its practices and ending its DEI related policies.”

The day after Verizon sent that letter, the FCC approved the merger, and specifically pointed to Verizon’s decision to discontinue its DEI initiatives as a key factor for giving its approval.

Entertainment giant Paramount also has an $8 billion deal with media producer Skydance pending review by the FCC. In February the company announced it was pulling back on DEI initiatives, including certain hiring goals and data collection around diversity and gender, the New York Times reported. Paramount is still awaiting FCC approval. 

Most recently, T-Mobile asked for the FCC’s approval to buy almost all of U.S. Cellular’s wireless operations in a deal valued at $4.4 billion, as well as acquiring internet service provider Metronet in a separate deal. Mark Nelson, executive vice president and general counsel of T-Mobile, sent a letter to FCC Chairman Brendan Carr on July 8, announcing the end of all of the company’s DEI programs. That includes ensuring the company will no longer “have any individual roles or teams focused on DEI,” removing references to DEI on its website as well as training materials, and making changes to supplier diversity commitments. 

“[W]e recognize that the legal and policy landscape surrounding DEI under federal law has changed and we remain fully committed to ensuring that T-Mobile does not have any policies or practices that enable invidious discrimination whether in fulfillment of DEI or any other purpose,” wrote Nelson.

The FCC cleared the merger three days later on July 11. Brian Carr called T-Mobile’s decision a “good step forward for equal opportunity, nondiscrimination, and the public interest,” on X on Wednesday. 

Weighing the risks

Legal experts are not shocked that T-Mobile, Verizon and Paramount have all bowed to FCC pressure and changed their DEI programs. These are companies that are looking to “get these deals done as quickly as possible,” says Elkins. 

But they might have had a legal case against the agency if they had chosen to fight for their DEI programs, according to Paul Goodman, a lawyer at the Center for Accessible Technology, an organization that works to support equitable consumer access to public utilities and telecommunications. While companies often agree to certain conditions set by the FCC in order to secure approval, it’s rare for those conditions to fall outside of the potential impacts to everyday consumers.

“I think there’s a very strong legal case to push back against the FCC, because the FCC is not using the proper legal standard,” he notes. 

DEI watchers warn that rolling back DEI programs could also lead to future problems for these corporations. Around 68% of business leaders say that moving away from their DEI policies would actually impose more risk for their companies, according to a recent study from the Meltzer Center and non-profit Catalyst. 

“These companies have made a huge mistake in deciding that they’re going to appease the FCC with these demands rather than pushing back,” says Goodman. “I think we’re looking at potentially Target-level consumer response.”

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FCC DEI 企业并购 监管压力 多元化包容性
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