New York Times Fights Back Against EEOC Lawsuit
The New York Times has filed a counterclaim against the Equal Employment Opportunity Commission (EEOC) in response to a reverse discrimination lawsuit brought by the Commission. The lawsuit alleges that the Times discriminated against a white male employee by passing him up for a promotion due to his race or sex. However, the Times’ legal team claims that the EEOC’s litigation is a retaliatory effort in response to the newspaper’s reporting on the Commission.
The EEOC filed the lawsuit in May, alleging that the Times violated federal law when it passed up the white male employee for a promotion. The employee, Bryant Roussau, was not selected for the role of deputy real estate editor despite being less qualified than the person chosen for the position. The Times’ team notes that Roussau had limited experience in real estate journalism and lacked the qualifications needed for the role.
On the other hand, the Times’ selected candidate, who is a woman of color, had extensive experience with service journalism and articulated a compelling vision for the future of the Times’ real estate coverage. The Times’ team also notes that other candidates of color with more real estate experience were not advanced in the hiring process.
The counterclaim filed by the Times’ legal team alleges that the EEOC’s lawsuit is a retaliatory effort in response to the newspaper’s reporting on the Commission. The Times’ team notes that the Commission filed the lawsuit only eight days after the newspaper published an article reporting that the EEOC is under pressure to use its scarce resources to pursue flimsy claims of alleged discrimination that ‘fit the Trump administration’s priorities.’ The lawsuit was also filed just two days after the Times reported that it was being investigated by the EEOC.
The counterclaim also identifies numerous instances in which former President Trump has attacked the Times, including calling it ‘treasonous.’ The Times’ team notes that this behavior is a clear indication of the Commission’s retaliatory motives.
The counterclaim seeks dismissal of the EEOC claim and a declaration that the lawsuit was a violation of the First and Fifth Amendments, as well as the Administrative Procedure Act. It also seeks costs and attorney’s fees.
The EEOC has not commented on the counterclaim, but the Times’ legal team is confident that the lawsuit will be dismissed. The Commission’s retaliatory use of its authority to target the Times violates the First and Fifth Amendments and the Administrative Procedure Act, according to the filing.
The Times’ team also notes that the Commission’s actions pose a unique threat to a free and independent press and to our democracy. The counterclaim is a strong defense against the EEOC’s lawsuit and a clear indication that the Times will not be intimidated by the Commission’s retaliatory efforts.
