The New York Times building. Credit: Wikimedia Commons

The New York Times has filed a countersuit against the Equal Employment Opportunity Commission (EEOC) after the agency accused the newspaper of discriminating against a white male employee in a promotion decision.

The EEOC sued the Times in May, alleging the newspaper used Diversity, Equity and Inclusion (DEI) hiring practices that favored women and minority candidates in violation of federal civil rights law.

The agency is seeking to block the company from continuing these policies and is also seeking damages on the employee’s behalf.

According to the EEOC’s complaint, veteran editor Bryant Rousseau was denied a promotion to deputy real estate editor in favor of a multiracial woman who lacked his experience covering real estate.

The agency also alleges that none of the four finalists for the position were white men.

In a countersuit filed Friday in federal court in New York, the Times accused the EEOC of targeting the newspaper in retaliation for its reporting on the agency.

“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,” the complaint states.

WOW: A white male employee claims DEI policies cost him a promotion at The New York Times — and the paper was forced to report that the Trump administration’s Equal Employment Opportunity Commission (EEOC) is now suing the outlet for race and s*x discrimination against him.

Will… pic.twitter.com/7Ibrql7wRF

— RedWave Press (@RedWavePress) May 6, 2026

The newspaper argues that the EEOC ignored evidence gathered during its eight-month investigation that undermined the discrimination claim.

This included the fact that Rousseau had been offered two other positions in 2024 that aligned with his career goals.

“The Commission filed this lawsuit against The Times anyway to retaliate against an organization the administration has repeatedly branded an ‘enemy,’” attorney Ted Boutrous wrote in the filing.

“The facts here preclude any claim that Rousseau was discriminated against.”

The Times maintains that the successful candidate was selected because she had extensive experience in service journalism.

It also argues its hiring practices comply with EEOC guidance regarding diversity, equity, and inclusion initiatives.

The countersuit seeks to block the EEOC from continuing its case, alleging retaliation in violation of the First Amendment, as well as other legal claims.

The EEOC has not yet responded in court to the newspaper’s latest filing.

Ben Kew is a writer and editor. Originally from the UK, he moved to the U.S. to cover Congress for Breitbart News and has since gone on to editorial roles at Human Events, Townhall Media, and Americano Media. He has also written for The Epoch Times, The Western Journal, and The Spectator.

You can email Ben Kew here, and read more of Ben Kew's articles here.

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