The Equal Employment Opportunity Commission is sending a message that brand and reach will not protect a company from playing favorites in its treatment of U.S. workers.
The commission this week filed a lawsuit against The New York Times newspaper, one of the nation’s oldest and most influential media organizations.
The lawsuit alleges the Times denied a qualified white male editor a deputy real estate editor role due to its Diversity, Equity and Inclusion (DEI) goals, which aimed to increase non-white and female leadership.
According to the EEOC, internal documents like the 2021 “Call to Action” plan and other internal messages show the company’s intent to reduce white representation in hiring and promotions.
Rather than just an allegation, AFN found the "Call to Action" plan online that states a corporate plan to increase leadership roles for black and Latinos by 50% by 2025.
President Donald Trump, on the first day of his second term, signed Executive Order 14151, titled "Ending Radical and Wasteful Government DEI Programs and Preferencing.” The order mandates the elimination of all federal government DEI offices, positions (including Chief Diversity Officers), programs, and initiatives.
Though The Times is not a government entity, Trump’s EO and policy goals have broad impact on private businesses through regulation and federal pressure.
The lawsuit is the first EEOC action brought on behalf of a white male employee for race and sex discrimination in the last 10 years.
“The commission has recovered millions of dollars for these types of individuals over the last 10 years, but we’ve typically done it in silence,” Andrea Lucas, appointed chair of the EEOC when Trump’s second term began, said on “Washington Watch” Thursday.
The Times has published since 1851 when it began as The New York Daily Times.
It’s been known as the “The Gray Lady” for its historical use of minimal graphics and illustrations while emphasizing information and simple presentation of the news and events.
A Times spokesperson stated the promoted candidate — a multiracial woman — was the most qualified, with relevant service journalism and supervisory experience, and that the role fell outside the company's DEI targets.
It also contends the EEOC’s claims distort facts to fit a narrative, amid broader Republican-led scrutiny of media and corporate DEI initiatives.
The agency seeks an injunction against discriminatory practices and monetary relief for the affected employee.
Lucas told show host Tony Perkins the lawsuit shows the EEOC is committed to fair and equitable application of the Trump administration objectives.
A message is being sent.
“We're saying it doesn't matter how powerful or how prestigious or big the company is, and it doesn't matter what your skin color is or your sex. We're here to fight on your behalf, and we're not picking favorites,” Lucas said.
It’s a far different approach from recent years.
“This is a 180-degree turn from the Biden administration. We are absolutely laser focused on being an executive branch agency, fully in alignment with the administration's priorities because the president was elected, and we're here to carry out what the American people put us in office to do,” she said.
The EEOC is also focused on punishing religious discrimination.
Since January 2025, the EEOC has filed 16 religious discrimination lawsuits and recovered over $63 million on behalf of religious workers via public and private pre-litigation voluntary resolutions, as well as litigation settlements, the agency announced Thursday.
“That's the highest the commission's recovered in decades,” Lucas said.
The bite behind freedom of religion
In FY 2025 alone, the agency obtained record-breaking recoveries for religious workers (over $48 million), which was a 146% increase over the $19.55 million recovered in FY 2024.
“We’ve been clear about what we are delivering on, but also, we're bearing fruit in these promises. We are delivering record results for religious workers. We are attacking DEI, race and sex discrimination. We are defending women's rights for single-sex spaces,” she said.
Recoveries and accountability continue in 2026.
In March the EEOC reached a $15-million conciliation agreement with a global tech company for its violation of religious exemptions with its COVID-19 vaccine mandate for employees.
The agreement allowed the company to remain anonymous.
Last July the EEOC obtained a $21 million settlement from Columbia University to resolve charges alleging antisemitic harassment. The case was brought on behalf of a class of Jewish employees.
“We're getting record recoveries for religious workers,” Lucas said. The message to companies is “your enforcement risk has radically shifted. No longer are religious rights going to be a second-class right. They're a first freedom, and we're going to enforce the law.”
