The U.S. Equal Employment Opportunity Commission (EEOC) has filed a federal lawsuit against The New York Times Company, alleging the publisher violated Title VII of the Civil Rights Act of 1964 by passed over a qualified white male employee for a promotion based on his race and sex.
The lawsuit, filed in the U.S. District Court for the Southern District of New York, claims the company’s commitment to its diversity, equity, and inclusion (DEI) policies led to an unlawful hiring decision in early 2025. According to the filing, a veteran editor with extensive experience in real estate journalism was excluded from the final interview panel for a vacant Deputy Real Estate Editor position, while every candidate who progressed to the final stage was not a white male.
The EEOC alleges that The New York Times ultimately hired an external candidate—a non-white female—who reportedly lacked the required experience in real estate journalism. The complaint further states that the hiring manager allowed the external candidate to bypass standard interview protocols. Despite the final interview panel allegedly rating her less favourably than two other finalists, she was selected for the role.
The Commission points to the company’s 2021 “Call to Action” and other public statements as evidence of a corporate goal to increase non-white and female representation in leadership, which the EEOC argues motivated the discriminatory action.
EEOC Chair Andrea Lucas emphasised that civil rights principles apply equally to all employees, regardless of background.
“Federal law is clear: making hiring or promotion decisions motivated in whole or in part by race or sex violates federal law,” Lucas stated. “There is no diversity exception to this rule. No matter the size or power of the employer, the EEOC will not pull punches in ensuring evenhanded, colourblind enforcement of Title VII.”
Acting EEOC General Counsel Catherine L. Eschbach added that employers using DEI motivations as a basis for discriminatory practices face “significant litigation risk.” The agency filed the suit (EEOC v. The New York Times Company, Case No. 1:26-cv-03704) after failing to reach a pre-litigation settlement through its administrative conciliation process.
Title VII of the Civil Rights Act prohibits employment discrimination based on race, colour, religion, sex, and national origin. The EEOC is the primary federal agency responsible for investigating and litigating such claims against private sector employers.
The New York Times has not yet issued a formal response to the filing. If successful, the lawsuit could seek back pay, compensatory and punitive damages, and injunctive relief to prevent future discrimination.
