US Judge Pauses Discovery Into NY Times’ Retaliation Claim Against EEOC

A US magistrate judge in Manhattan has paused evidence-gathering on The New York Times’ claim that the US Equal Employment Opportunity Commission (EEOC) violated the newspaper’s constitutional rights by suing it over its decision to pass over a white man for a senior editorial role.

 

Magistrate Judge Robyn Tarnofsky said on Monday that discovery on the newspaper’s counterclaims should be suspended until the court rules on the EEOC’s motion to dismiss them.

 

The judge said the agency had presented substantial arguments in defence of its lawsuit that should be considered before evidence-gathering on the counterclaims proceeds. The EEOC’s underlying discrimination lawsuit against the newspaper can continue, Tarnofsky said.

 

The Times had argued that it would be inefficient to suspend discovery on its counterclaims while allowing the agency’s case to proceed, as both disputes involve overlapping facts.

 

The newspaper filed its counterclaim alleging that the EEOC had targeted it in retaliation for coverage critical of US President Donald Trump’s administration.

 

The agency sued the Times in May, accusing it of racial and sex discrimination in its pursuit of workplace diversity goals. The case centres on the newspaper’s decision to appoint a multiracial woman to a deputy real estate editor position rather than a white male employee who had sought the promotion.

 

The EEOC alleges that the newspaper’s diversity objectives influenced the hiring decision and that the employee was unlawfully denied the opportunity because of his race or sex.

 

The Times has denied wrongdoing and challenged the agency’s actions, arguing that the lawsuit was politically motivated and infringed its constitutional rights, including protections for free speech and due process.

 

The dispute is part of a broader campaign by the Trump administration against diversity, equity and inclusion policies in the private sector, government and education.

 

The case, EEOC v. The New York Times Company, is being heard in the US District Court for the Southern District of New York.