EEOC Files Rare Discrimination Lawsuit On Behalf Of White Male Employee

Consistent with its recently announced National Enforcement Plan to ferret out what the Equal Employment Opportunity Commission (EEOC) regards as unlawful DEI activities, on May 5, 2026, the agency filed a federal civil rights lawsuit against The New York Times in the U.S. District Court for the Southern District of New York, alleging that the paper engaged in “unlawful employment practices” by discriminating against a white male employee on the basis of race and sex. The case, EEOC v. The New York Times Company, Case No. 1:26-cv-03704, represents what EEOC leadership describes as the agency’s first lawsuit in a decade brought on behalf of a white male complainant.

EEOC Allegations

The lawsuit is rooted in The New York Times’ DEI practices. The EEOC filed suit after a months-long investigation of The Times triggered by the employee’s filing of a Charge of Discrimination. The suit came following the agency’s decision to end conciliation efforts, and, according to the EEOC, The Times did not offer a solution that the EEOC would accept. According to the complaint, a longtime editor—a white man with extensive experience in real estate journalism—applied for a vacant Deputy Real Estate Editor position in early 2025. The complaint states that The Times’ “race and sex-based representation goals influenced the decision not to advance” his candidacy.

Specifically, the EEOC claims that no white males advanced to the final interview panel, and that the company ultimately hired an outside candidate, who is a non-white female with allegedly little to no experience in real estate journalism, despite such experience being a requirement for the role. The EEOC further alleges that this external candidate was chosen for the final interview panel without going through the standard interview processes.

The complaint cites The Times’s diversity and inclusion publications, including its 2021 “Call to Action,” which set goals of increasing the number of Black and Latino employees and increasing non-white and female representation in leadership positions. The complaint specifically challenges the following DEI practices and policies:

• Setting diversity goals;
• Codifying and tracking diversity goals across newsroom departments;
• Strengthening systems and processes to attract and retain leaders from diverse backgrounds;
• Sharing data so managers know where their teams stand and can be held accountable for diversity progress;
• Encouraging leaders at all levels to be intentional about fostering diversity and inclusion;
• Reviewing promotion and retention data at least quarterly by company leadership;
• Requiring a “diverse” slate of qualified candidates for every open role; and
• Requiring a “diverse” panel of interviewers.

In its press release, EEOC Chair Andrea Lucas stated: “No one is above the law—including ‘elite’ institutions. There is no such thing as ‘reverse discrimination’; all race or sex discrimination is equally unlawful, according to long-established civil rights principles.” She added: “If you’re a White man sitting there seeing this commission that is designed to protect all Americans and you see absolutely zero lawsuits brought, absolutely zero public resolutions brought on the basis of race and sex, you think, ‘It’s not actually for me.’ And that’s not fair and not right.” Acting EEOC General Counsel Catherine L. Eschbach further cautioned that “[e]mployers who engage in unlawful discrimination in the name of diversity, equity, and inclusion or other similar motivations should understand that they face significant litigation risk.”

The EEOC’s complaint seeks compensation, including back pay, and an injunction prohibiting The Times from discriminating on the basis of race or sex.

The New York Times’s Response

The New York Times has vigorously denied the EEOC’s allegations of unlawful employment practices. Spokeswoman Danielle Rhoades Ha stated: “The New York Times categorically rejects the politically motivated allegations brought by the Trump administration’s E.E.O.C. Our employment practices are merit-based and focused on recruiting and promoting the best talent in the world.” Roades Ha further noted that the allegation “centers on a single personnel decision for one of over 100 deputy positions across the newsroom,” and accused the EEOC of making “sweeping claims that ignore the facts to fit a predetermined narrative.” The paper avows that “neither race nor gender played a role in this decision—we hired the most qualified candidate, and she is an excellent editor.” The Times also clarified that the deputy real estate editor role was not within the scope of the company’s diversity goals and that the job listing specifically sought someone with experience in service journalism, which is experience the successful candidate possessed.

What Employers Should Know

The EEOC’s statements, consistent with its National Enforcement Plan, emphasize that the agency is prepared to pursue litigation under Title VII to challenge employment decisions it regards as motivated by DEI programs, including on behalf of white and male employees. This case underscores the current enforcement posture of the EEOC under the second Trump administration and signals that employers with DEI-related hiring and promotion policies will continue to face heightened scrutiny. Employers should consult with counsel to review their diversity initiatives in light of this evolving enforcement landscape.

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