The Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against the New York Times (NYT), claiming a “well-qualified white male employee” was not promoted “because of his race and sex,” in violation of Title VII.
According to the EEOC, a white man with extensive experience in real estate journalism was left out of a final panel of interviews for a real estate editor position at the NYT. The EEOC’s complaint charges that the reason the NYT chose not to hire the individual was because he did not “match the race and/or sex characteristics” in the NYT’s alleged “Call to Action” to increase diversity amongst leadership. The EEOC further asserts the candidate selected instead (a non-white female) was “not qualified” because she did not have the requisite experience in real estate journalism.
Acting EEOC General Counsel Catherine Eschbach said of the suit: “Employers who engage in unlawful discrimination in the name of diversity, equity, and inclusion or other similar motivations should understand that they face significant litigation risk. The Commission will continue to enforce Title VII’s protections to ensure equal opportunity for all.”
This provides yet another example of EEOC’s current enforcement priorities related to what it categorizes as DEI programs.

