New York Times accuses EEOC of retaliation

In a July 10 court filing, The New York Times (NYT) accused the Equal Employment Opportunity Commission (EEOC) of unconstitutionally retaliating against it for its coverage of the Trump administration. The EEOC had sued the NYT in May on behalf of Bryant Rousseau, a White, male journalist who alleged he was denied a promotion based on his race and sex in violation of Title VII of the Civil Rights Act of 1964. The NYT argued that the “Commission markedly deviated from its ordinary practices in almost every respect to file the flimsiest of lawsuits against [the NYT], 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.” 

In its counterclaim, the NYT argued the EEOC had filed the lawsuit to harm it because it was branded an “enemy” by the administration, which has “made expressly clear its intent to use the powers of the federal government, including agency regulatory and enforcement authority” to punish its enemies. 

Court refuses to enforce EEOC subpoena