New York Times countersues EEOC, alleging retaliation for coverage

Times says agency sued in bad faith days after critical article

The New York Times on Friday accused the Equal Employment Opportunity Commission of unconstitutionally retaliating against the newspaper for its coverage of the Trump administration.

In a countersuit filed in federal court in Manhattan, the Times alleged that the EEOC violated the First and Fifth Amendments by bringing a lawsuit in May that claimed the newspaper passed over a white male staff editor for a promotion because of his race and gender. The Times said the agency acted in bad faith, singling it out for “adverse treatment because of the Trump administration’s disdain for The Times’s protected newsgathering, reporting, and speech.”

The EEOC’s original complaint alleged that the Times declined to promote Bryant Rousseau, a white male editor who joined the newspaper in 2014 and was promoted to a senior role in 2016, to a deputy editor position in the real estate section in early 2025. The agency said none of the other finalists was a white man, and the Times hired an external candidate who was a woman who was not white. The EEOC claimed the hired candidate had less experience than Rousseau.

The Times disputes that characterization. In its countersuit, the newspaper said the candidate it ultimately hired was better qualified and had more experience, particularly in service journalism. The Times also said it offered Rousseau at least two other positions in 2024 that satisfied his expressed career objectives, before he applied for the deputy editor job.

Rousseau, who resigned from the Times in June, did not immediately respond to a request for comment, according to the Wall Street Journal.

The Times raised questions about the timing of the EEOC’s lawsuit, noting that it was filed just days after the newspaper published a piece on “widespread criticism of the EEOC and its leadership.” The Times said the sequence of events showed the agency was retaliating for its coverage.

The EEOC and the White House did not immediately respond to requests for comment, the Journal reported.

The Times has previously rejected the EEOC’s allegations. “Our employment practices are merit-based and focused on recruiting and promoting the best talent in the world,” the Times said in a statement.