The Equal Employment Opportunity Commission filed suit against The New York Times on Tuesday, alleging that it violated federal law when it passed up a white male employee for a promotion because of his race or sex.
The lawsuit reflects a shift in the Trump administration to litigation claims over alleged reverse discrimination, following his executive order last year that went after public and private diversity, equity and inclusion programs.
But a Times spokesperson has characterized the litigation as “politically motivated.” The media outlet has long been a target of the president’s attacks.
The lawsuit claims that a longtime editor, a white man with extensive experience in real estate journalism, was left out of final interviews for a deputy real estate editor position early last year. Per the EEOC, the lawsuit claims that the person hired was 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.” The lawsuit also claims that selected the candidate was selected for the position “despite the company’s own final interview panel rating her less favorably than two other final candidates,” per the EEOC.
Andrea Lucas, chair of the EEOC, said in a statement, “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. 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.”
Times spokeswoman Danielle Rhoades Ha said in a statement, “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. We will defend ourselves vigorously.”
She said that throughout the process, “the EEOC deviated from standard practices in highly unusual ways. 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. Neither race nor gender played a role in this decision – we hired the most qualified candidate, and she is an excellent editor.”