The New York Times has accused the Equal Employment Opportunity Commission (EEOC) of political retaliation and free speech infringement in a countersuit filed in response to a discrimination case. The news organization claims the EEOC initiated its lawsuit as retribution for critical coverage of the Trump administration, particularly a story that suggested EEOC staff were pressured to pursue cases aligning with government priorities, including discrimination claims by white men.
In its filing with the U.S. District Court of the Southern District of New York, the Times stated that the EEOC prematurely and abruptly ended conciliation efforts and filed its lawsuit one week after the newspaper published the report. The Times argues that this action violates the First and Fifth Amendments of the U.S. Constitution.
The EEOC's lawsuit against The Times centers on the rejection of a white male editor for the role of deputy real estate editor in 2025, alleging gender and racial discrimination. According to the EEOC complaint, the male applicant had been an editor at The Times since 2014, with prior experience in real estate stories. The agency contends that the multiracial woman appointed to the position "did not have experience with real estate journalism" but possessed racial and/or sex characteristics that The Times sought to increase in its leadership.
The New York Times countered that the EEOC's case is based on the "false premise" that the selection of a multiracial woman over a white male applicant, coupled with the newspaper's aspirational leadership goals, implies the selected candidate was unqualified and the decision was based on race and/or sex. The Times asserted that after an eight-month investigation, the EEOC found no evidence that the organization considered the selected candidate's race or gender. The newspaper also noted that several candidates of color with more real estate experience were passed over for the position.
The Times further clarified that the woman chosen for the role had been a deputy editor at Eater and had "articulated a compelling vision for the future of The Times’ real estate coverage," differentiating her from the complainant. The newspaper also stated that its leadership goals, outlined in a "Call to Action" report, were aspirational and not quotas, projecting the expected impact of legitimate efforts to improve company culture. These goals, The Times argued, did not influence the hiring process for the deputy real estate editor role.
The EEOC's lawsuit is seen as a significant test of EEOC Chair Andrea Lucas's agenda, which aims to challenge corporate diversity and inclusion policies she believes discriminate against white men and others. Lucas has also initiated an investigation into Nike over similar allegations.
EEOC Chair Lucas has been notably critical of diversity goals publicly announced by companies, especially following the 2020 racial justice protests. The EEOC's lawsuit filing cited reports indicating that while The Times met its stated diversity goals in 2022, white employees still constituted 68% of its leadership in 2024, compared to 29% people of color.
Under Title VII of the Civil Rights Act of 1964, employers are generally prohibited from considering race or gender in hiring and promotion decisions. Lucas has targeted practices she claims pressure hiring managers, such as certain anti-bias training and diverse candidate slates. Civil rights organizations and former Democratic EEOC leaders have expressed concern, viewing these actions as an attack on established practices designed to prevent discrimination against traditionally marginalized workers.
An EEOC spokesperson declined to comment on the ongoing litigation.