EEOC Sues The New York Times for DEI-Related Race and Sex Discrimination

WASHINGTON — The New York Times Company, a global news publisher based in New York, N.Y., violated federal law when it passed over a white male employee for a promotion because of his race and/or sex, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today.

According to the EEOC’s lawsuit, The New York Times chose not to promote a well-qualified white male employee because of his race and/or sex. The New York Times has a well-documented commitment to enacting race and sex conscious decision making in the workforce through its diversity, equity, and inclusion (DEI) policies. In The New York Times’s 2021 “Call to Action” and throughout numerous other publications, the company stated goals and action plans to increase non-white and female representation in its leadership positions.

Acting in accordance with such goals, the company left a longtime New York Times editor, a white man with extensive experience in real estate journalism, out of its final panel interviews for a vacant Deputy Real Estate Editor position in early 2025. Every candidate who advanced through to the final interview process was not a white male. The company ultimately hired an outside candidate for the role — a non-white female with little to no experience in real estate journalism, despite such experience being a requirement for the real estate editor position. Further, the hiring manager greenlit this external candidate for inclusion in the final interview panel without her first going through the standard interview processes for the position. Moreover, The New York Times selected this candidate for the position despite the company’s own final interview panel rating her less favorably than two other final candidates.

“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. 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,” said EEOC Chair Andrea Lucas. “Federal law is clear: making hiring or promotion decisions motivated in whole or in part by race or sex violates federal law. There is no diversity exception to this rule.”

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race or sex. The EEOC filed suit (EEOC v. The New York Times Company, Case No. 1:26-cv-03704) in U.S. District Court for the Southern District of New York after first attempting to reach a pre-litigation settlement through its administrative conciliation process.

Acting EEOC General Counsel Catherine L. Eschbach said, “Employers 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 Commission will continue to enforce Title VII’s protections to ensure equal opportunity for all. Title VII safeguards every worker’s right to compete for promotions based on their individual merit free from unlawful consideration of race or sex. The agency is proud to file a case that demonstrates the United States of America’s commitment to ensuring victims of unlawful DEI-related race and sex discrimination see their day in court.”

For more information on race discrimination, sex-based discrimination, and DEI-related discrimination, please visit https://www.eeoc.gov/racecolor-discrimination, https://www.eeoc.gov/sex-based-discrimination and https://www.eeoc.gov/wysk/what-you-should-know-about-dei-related-discrimination-work.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov.