Times says EEOC lawsuit followed critical article on agency

The New York Times on Friday filed a countersuit against the Equal Employment Opportunity Commission in Manhattan federal court, accusing the agency of violating the First and Fifth Amendments by retaliating against the newspaper for its coverage of the Trump administration. The Times alleged that the EEOC’s May lawsuit — which claimed the Times passed over a white male editor for a promotion because of his race and gender — was an act of bad faith retaliation.

MSI previously reported that the Times filed the countersuit on Friday. In its filing, the Times said the EEOC had “singled out The Times for adverse treatment because of the Trump administration’s disdain for The Times’s protected newsgathering, reporting, and speech.”

The Times pointed to the timing of the EEOC’s action, noting that the agency filed its discrimination lawsuit just days after the Times published a piece on “widespread criticism of the EEOC and its leadership.” The newspaper said the sequence showed the agency used its enforcement authority in retaliation for the Times’ journalism.

The EEOC’s May complaint alleged that the Times passed over Bryant Rousseau, a white male staff editor at the time, for a promotion to a real estate deputy editor role in early 2025. The agency said the Times instead hired a woman who was not white and who had less experience than Rousseau. It also said that none of the other finalists for the position were white men, and that the newspaper ultimately selected an external candidate.

Rousseau had joined the Times as a staff editor in 2014 and was promoted to a more senior role in 2016, according to the Times’ countersuit. The Times said it offered Rousseau at least two separate positions in 2024 that satisfied his expressed career objectives before he applied for the deputy editor job. Rousseau resigned from the Times in June, the newspaper said. He did not respond to a request for comment.

The Times has rejected the EEOC’s allegations, saying in a statement that its “employment practices are merit-based and focused on recruiting and promoting the best talent in the world.” In its countersuit, the Times said the candidate it ultimately hired for the real estate deputy editor role was better qualified and had more experience, particularly in service journalism.

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