addition they would be looking at results. Licensees unable to prove that these efforts produced a significant number of minority applicants or interviews would be at greater risk for repercussions. Adarand Constructors, Inc. v. Peña In the case of Adarand Constructors, Inc. v. Peña (1995) The United States Supreme Court overturned Metro Broadcasting, Inc v. FCC in which the Court had stated that Congress' benign minority ownership policies need not be subject to strict scrutiny. The case held that racial classifications imposed by the federal government would be analyzed under a standard of "strict scrutiny". FCC Equal Employment Opportunity Regulations 1997 The FCC adopted its Equal Employment Opportunity (EEO) regulations in 1997, imposing two basic requirements for radio stations. Radio stations are prohibited from discriminating in employment against anyone based on their race, color, religion, national origin, or sex Also, radio stations are required to implement an affirmative action program in order to hire more women and minorities. This EEO program must include a plan for the following: Disseminating the equal opportunity program to job applicants and employees Using minority and women-specific recruiting sources Evaluating the station's employment profile and job turnover against the availability of minorities and women in its recruitment area Offering promotions to minorities and women in a nondiscriminatory fashion Analyzing its efforts to recruit, hire, and promote minorities and women. Initial charge The initial charge brought against the Lutheran Church radio stations was initiated by a Hearing Designation Order and Notice of Opportunity for Hearing for Forfeiture to examine the church's or licensee's compliance with the FCC's equal employment opportunity requirements. The denomination's membership was around 2 percent African American, and because of this, the NAACP challenged the stations' license renewal with the FCC. The Commission questioned the licensee's affirmative recruitment efforts, noting its reasons for failing to recruit had a direct adverse impact on the recruitment of African Americans. In addition to requiring "Lutheran training", a "classical music expertise" was required by the church; however, these requirements were suspect because not all persons hired for specified positions at the two stations had said training or expertise. The FCC also found that the Church had made misleading statements about these practices when they claimed to actively seek female and minority referrals to fill vacancies as they occurred. An FCC Administrative Law Judge found the Church's overall affirmative action efforts unsatisfactory during much of its license term,