New York Times Countersues U.S. Over Claim It Discriminated Against White Male Employee

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The New York Times has filed counterclaims against the Equal Employment Opportunity Commission, which is pursuing a lawsuit against the news organization for allegedly discriminating against a white male employee by passing him over for a promotion.

“The Commission markedly deviated from its ordinary practices in almost every respect to file the flimsiest of lawsuits against The Times, a frequent target of the administration, on the heels of investigative reporting that brought to light scathing bipartisan criticism of the EEOC, its leadership, and its priorities from both inside and outside the Commission,” states the complaint filed on Friday in New York federal court.

The EEOC initiated the legal battle in May when it accused the Times of implementing race and sex-based hiring goals that favor minorities and women in violation of civil rights laws. The government seeks a court order barring the company from carrying diversity, equity and inclusion policies, plus unspecified damages for the unnamed employee.

The employee, Bryant Rousseau, allegedly lost a job as the deputy real estate editor to a multiracial woman, who allegedly didn’t have experience covering the field, according to the complaint. None of the final four candidates were white men, the EEOC said.

In its complaint, the Times accuses the commission of filing the lawsuit in retaliation for its reporting in violation of the First Amendment. The EEOC omitted details it had learned during an eight-month investigation that undermine claims Rousseau was discriminated against, including offers for two others positions in 2024 that aligned with his career objectives, the publication says.

“The Commission filed this lawsuit against The Times anyway to retaliate against an organization the administration has repeatedly branded an ‘enemy,'” writes Ted Boutrous, a lawyer for the publication, in the lawsuit. “The facts here preclude any claim that Rousseau was discriminated against.”

Unlike Rousseau, the selected candidate for the position has extensive experience with service journalism and a variety of story forms that were emphasized in the job posting, according to the complaint. She also articulated a vision for future real estate coverage that aligned with the department’s goals to focus on service and visually-driven journalism. Prior to joining the Times, she was an editor for Eater, where she edited impactful features.

Separately, the news organization also argues that its hiring process is compliant with EEOC guidance, which encourages initiatives relating to diversity, equity, and inclusion.

After the EEOC sued the Times, commissioner Kalpana Kotagal said in a social media post that she had voted against greenlighting the lawsuit because she was concerned that the case is “driven not by the merits, but by a desire to advance the administration’s political agenda.” She added, “Notably, this litigation is filed on the heels of New York Times reporting on the weaponization of the agency, and the diversion of limited resources toward cases that align with the administration’s priorities.”

The Times brings claims for retaliation in violation of the First Amendment, among others. It seeks a court order barring the EEOC from continuing to pursue its lawsuit.