New York Times Countersues Trump Admin in DEI Hiring Case

The New York Times filed a countersuit in response to litigation by the Equal Employment Opportunity Commission accusing the media outlet of discriminatory hiring practices.

The EEOC sued the Times in May, alleging it discriminated against a white male editor seeking a promotion. The commission asserted that the Times bypassed its standard interview process in hiring a less qualified nonwhite female candidate and was devoted to DEI policies, short for diversity, equity, and inclusion.

The Times, in its response and counterclaim filed in U.S. District Court for the Southern District of New York, alleged the Trump administration was attempting to punish the newspaper.

“Despite conducting an eight-month investigation and identifying no evidence that race or sex was considered when The Times hired a Deputy Editor for its Real Estate desk in April 2025, the EEOC nonetheless chose to file this meritless Title VII action against The Times—a news organization the President has repeatedly sued, attacked, and labeled a ‘TRUE ENEMY OF THE PEOPLE’ for its journalism,” the response said.

In its counterclaim, the Times asks the court to award it legal costs for defending the lawsuit, dismiss the EEOC complaint, and enjoin the commission from continuing to prosecute the lawsuit.

“The Commission filed this action only eight days after The Times published an article reporting that the EEOC is under pressure to use its scarce resources to pursue flimsy (at best) claims of alleged discrimination that ‘fit the Trump administration’s priorities,’ and a mere two days after the Times reported that it was being investigated by the EEOC,” the Times court filing says.

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The EEOC in May determined that the New York Times engaged in “unlawful employment practices” and discriminated against Bryant Rousseau, a senior staff editor who is a white male. He was a candidate for a promotion to a vacant deputy real estate editor position in April 2025, but the EEOC lawsuit alleges that the Times excluded Rousseau, an editor with experience in real estate journalism, from its final panel interviews for the position.

None of the candidates who advanced to the final interview process were white males, and the Times hired an outside candidate for the job who was a nonwhite female, according to the lawsuit. The commission further alleges that the hire advanced to the final interview panel without going through the company’s standard interview process for the position.

In its lawsuit, the EEOC cited the Times’ diversity hiring reports and subsequent diversity and inclusion initiatives. It asked the court for an injunction to stop the Times from continuing its DEI policies, seeking financial relief for Rousseau and other employees allegedly affected by the policies.

“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,” EEOC Chair Andrea Lucas said in a public statement upon filing the lawsuit in May. She added, “No matter the size or power of the employer, the EEOC under my leadership will not pull punches.”

“Federal law is clear: making hiring or promotion decisions motivated in whole or in part by race or sex violates federal law,” the chairwoman added. “There is no diversity exception to this rule.”