By: Jamie Davila, Esq. and Ty Hyderally, Esq.

Date: May 24, 2026

On May 5, 2026, the Equal Employment Opportunity Commission filed a federal civil rights lawsuit against The New York Times. The lawsuit claims that the Times had violated federal law when it passed over a white male employee because of his race and/or sex.[1] The EEOC specifically stated that the Times had engaged in “unlawful employment practices” by allegedly discriminating against a while male employee who did not get a promotion.

The suit alleged that The Times has “race and sex-based representation goals [which] influenced the decision not to advance” the man’s candidacy for a deputy real estate editor role in 2025.[2] The complaint quotes The Times recent diversity and inclusion reports, specifically the 2021 “Call to Action” that set a goal of increasing the number of Black and Latino employees at the Times. The complaint also quotes exchanges on the messaging platform Slack among newsroom leaders about trends in diversity hiring, and from internal correspondence related to the hiring process of the deputy editor role.[3]

A spokesperson for The Times stated that “The New York Times categorically rejects the politically motivated allegations brought by the Trump’s administration’s E.E.O.C.,” “Our employment practices are merit-based and focused on recruiting and promoting the best talent in the world. We will defend ourselves vigorously.”[4] The EEOC investigation began last year when an employee filed a complaint with the agency in 2025. The suit further states that the employee, who remains unnamed, had worked for The Times as an editor since 2014 and applied for the deputy editor position in 2025.[5]

A spokesperson for The Times states that the deputy real estate editor role was not in the scope of The Times’s goals for increasing diversity. According to the complaint, the complainant was interviewed for the job but was not selected for a panel interview. “The four candidates advanced to the panel interview slate matched the race and/or sex characteristics The Times sought to increase in its leadership.”[6] The complaint goes on to state that the final pool of candidates consisted of “a white woman, a black man, an Asian female and a multiracial female.”[7]

The complaint alleges that the white man was more qualified than the person who got the job. The Times job listing specifically sought a candidate with experience in service journalism and experience as a supervisor, which  the complainant had.[8]  The EEOC is in charge of enforcing federal civil rights laws in the workplace. However, under the Trump administration and under the charge of Andrea Lucas, the agency has reframed their goals to align themselves with the administration’s goals by taking a special interest in causes aligned with tackling diversity programs. In a statement made by Ms. Lucas, the EEOC has taken the stance that “No one is above the law-including ‘elite’ institutions.”[9] Ms. Lucas went on to state, “There is no such thing as ‘reverse discrimination;’ all race or sex discrimination is equally unlawful, according to long-established civil rights principles. The EEOC is prepared to root out discrimination anywhere it may rear its head.”[10]  The EEOC’s action was criticized as it made sweeping claims of discrimination despite the fact that the lawsuit centered on a single personnel decision, despite the fact that there were over 100 deputy positions in the newsroom.

The complaint seeks a court order barring the Times from discriminating on the basis of race or sex, back pay with interest, compensation for “emotional pain” and “mental anguish,” and punitive damages for alleged “malicious and/or reckless conduct “as well as either a promotion to deputy editor or front pay. [11] The Times reaffirms that neither race nor gender played a role in the decision, but instead that they hired the most qualified candidate.

If you feel that you are the target of discrimination, harassment, whistleblower retaliation, or some other issue in the workplace, or if you have any questions regarding your rights as an employee, you should seek out an experienced attorney who concentrates on employment law. Our firm has been concentrating on employment law for over twenty-three (23) years!

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[1] EEOC Sues The New York Times for DEI-Related Race and Sex Discrimination, May 5, 2026, https://www.eeoc.gov/newsroom/eeoc-sues-new-york-times-dei-related-race-and-sex-discrimination (Last visited on May 12, 2026).

[2] Rebecca Davis O’Brien, https://www.nytimes.com/2026/05/05/business/economy/eeoc-nyt-investigation.html (Last visited on May 12, 2026).

[3] Id.

[4] Id. at 2.

[5] Id. at 1.

[6] Id.

[7] Id.

[8] Id. at 1.

[9] Id.

[10] Id.

[11] Liam Reilly, Trump’s EEOC sues New York Times, alleging discrimination against white male employee, May 5, 2026,  https://www.cnn.com/2026/05/05/media/eeoc-new-york-times-trump-white-discrimination (Last visited on May 12, 2026).