The EEOC is suing The New York Times over its hiring and promotion practices in the latest attack by the federal civil rights agency on companies’ diversity initiatives.
The Equal Employment Opportunity Commission’s lawsuit filed in the US District Court for the Southern District of New York on Tuesday alleged that the company’s practices discriminate against White male workers. It also brought claims on behalf of a White man who alleged his race and sex factored into the newspaper’s decision not to give him serious consideration for promotion, in violation of Title VII of the 1964 Civil Rights Act.
Republican EEOC Chair Andrea Lucas has prioritized the investigation of diversity initiatives the agency deems discriminatory,going so far as to encourage White men to file charges if believe they’ve experienced bias at work.
The EEOC lawsuit said the Times’ 2021 plan aimed at building a more diverse company, its “Call to Action,” coupled with publishing annual reports on diversity and inclusion for the last decade, “detailed NYT’s express efforts to make employment decisions on the basis of race and sex to achieve its desired demographic goals.”
“A necessary consequence of NYT’s intent to increase the percentage of non-White leaders would be a decrease in the percentage of White leaders,” the complaint said.
The EEOC alleges the company’s diversity goals influenced the decision not to advance the unnamed White, male editor to a final interview panel for a Deputy Real Estate Editor position despite being “more qualified than the multiracial female candidate selected,” the EEOC said. The editor who filed a bias charge with the EEOC was a senior staff editor on the Times’ international desk for more than nine years and previously worked on the business desk.
He didn’t match the characteristics identified in the “Call to Action,” which said that “people of color—and particularly women of color—remain notably underrepresented in its leadership,” but the selected applicant did, according to the complaint.
‘Political Agenda’
The New York Times “categorically rejects the politically motivated allegations brought by the Trump administration’s EEOC,” a company spokesperson said.
“The allegation centers on a single personnel decision for one of over 100 deputy positions across the newsroom, yet the EEOC’s filing makes sweeping claims that ignore the facts to fit a predetermined narrative,” the statement said. “Neither race nor gender played a role in this decision — we hired the most qualified candidate, and she is an excellent editor.”
The EEOC has warned organizations from large law firms to Fortune 500 companies that it would pursue legal action where it deems diversity programs are discriminating against men and White workers.
In February, the commission sued a Coca-Cola distributor for discriminating against men by hosting a women’s retreat.
The agency is also investigating Nike Inc. and Northwestern Mutual for their diversity initiatives.
“The EEOC is prepared to root out discrimination anywhere it may rear its head. No matter the size or power of the employer, the EEOC under my leadership will not pull punches in ensuring evenhanded, colorblind enforcement of Title VII to protect America’s workers, including white males,” Lucas said in a statement.
The EEOC’s sole Democratic commissioner, Kalpana Kotagal, said on Tuesday she voted against authorizing the lawsuit based on the substance of the case and use of scarce agency resources.
“An employer publishing aggregated demographic data, having aspirational goals, or engaging in robust recruitment and retention efforts, also does not establish misconduct,” Kotagal said in a LinkedIn post.
The case is EEOC v. The New York Times, S.D.N.Y., No. 1:26-cv-03704, case filed 5/5/26.
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