Lawyer on EEOC’s New York Times Lawsuit Has History Battling Discrimination Against Men

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against The New York Times Company, alleging the publisher violated federal law by discriminating against a white male employee based on his race and sex.

The lawsuit, filed on May 5, 2026, centers on a specific hiring decision from January 2025. According to the complaint, an unnamed man applied for a position as a deputy real estate editor. The EEOC alleges that although the claimant met all the requirements for the role, he was passed over because he did not match the race or sex characteristics the company sought to increase within its leadership.

The position was instead awarded to a multiracial female candidate whom the lawsuit alleges was not qualified for the role.

The legal action is part of a broader campaign by the administration of President Donald Trump to challenge diversity, equity, and inclusion (DEI) policies across the United States, including the use of the EEOC to target such initiatives.

The New York Times has denied the allegations, stating that its employment practices are based on merit.

“The New York Times categorically rejects the politically motivated allegations brought by the Trump administration’s EEOC. Throughout this 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.”Danielle Rhoades Ha, New York Times spokesperson

Allegations of Systemic DEI Discrimination

The EEOC’s complaint asserts that The New York Times has engaged in unlawful employment practices since at least October 2024 through the implementation of its DEI policies. The agency points to the company’s own published diversity goals as evidence of this intent.

Specifically, the lawsuit cites a 2021 document in which the company set a goal to increase Black and Latino leadership by 50 percent within a four-year period. The EEOC argues that the company made employment decisions based on race and sex to meet these demographic targets, claiming that an intent to increase the percentage of non-white leaders necessarily results in a decrease in the percentage of white leaders.

However, former EEOC commissioner Chai Feldblum expressed skepticism regarding the agency’s legal arguments. Feldblum argued that the assertion that the company made employment decisions solely on the basis of race and sex is not supported by the evidence.

“There is no actual evidence that he was more qualified than her. They’re putting out their best facts in this complaint, and the facts are pathetic.”Chai Feldblum, former EEOC commissioner

Feldblum noted that for leadership positions, many factors influence who is deemed the most qualified candidate. She suggested that the actions taken by the publisher are among the most basic and legal methods for increasing workplace diversity, provided they do not remove qualified candidates based on race or sex.

Internal EEOC Conflict and Priorities

The lawsuit appears to have caused friction within the EEOC. Kalpana Kotagal, the sole Democratic commissioner remaining after President Trump dismissed other commissioners, stated that she voted against authorizing the suit.

“I disagree with the substance of the case and don’t believe it’s a good use of scarce agency resources. A commitment to diversity, equity, inclusion, and accessibility (DEIA), without more, is not evidence of discrimination.”Kalpana Kotagal, EEOC Commissioner

The complaint follows a shift in agency priorities under EEOC Chair Andrea Lucas. Lucas has directly solicited complaints from white men alleging race and sex discrimination and has instructed officials to prioritize cases involving “rooting out unlawful DEI-motivated race and sex discrimination.”

Reporting indicates that cases claiming reverse racism have been accelerated through the EEOC process, even as staff have struggled to find complaints with merit.

Feldblum characterized the lawsuit as an inappropriate use of resources, noting that the agency’s staffing levels are currently at their lowest point in decades.

Legal Representation and Background

The lawsuit was signed by the agency’s acting general counsel, the deputy general counsel, and Benjamin North, who was hired earlier in 2026 as assistant general counsel.

North has a history of advocating for men in discrimination cases. As a college student, he was suspended following a rape allegation—charges he has consistently denied—and subsequently argued that Title IX regulations had been used to discriminate against the rights of men.

Feldblum suggested that North’s signature on the document may indicate that he was the author of the lawsuit. When asked about North’s specific role in the case, EEOC spokesperson Victor Chen referred inquiries to the complaint.

The EEOC was established by the Civil Rights Act of 1964 to protect American workers from employment discrimination.