Trump’s EEOC chair is suing The New York Times because ‘we should bring it on behalf of white workers too’

“We should bring it on behalf of black workers, but we should bring it on behalf of white workers too,” Lucas said Wednesday at Fortune‘s Workplace Innovation Summit in Atlanta. “That’s mixed messaging that says to white men you don’t need to apply — and that is not fair.”

The suit also cites internal Slack messages showing Times leadership expressing concern that the pace of racial diversification at the company was slowing, with notes about needing to make “targeted efforts” to accelerate it and worries about how CEO Joe Kahn would look if they didn’t. The EEOC alleges those involved in the hiring decision were “influenced by NYT’s stated race and sex-based hiring and promotion goals”—goals spelled out in the company’s own annual Diversity and Inclusion Reports, which tracked progress in increasing the share of “people of color” and women in staff and leadership.

The Times has denied wrongdoing, and Lucas was careful to say she wasn’t going to “prejudice that litigation” by commenting on the back and forth. She zeroed in on the contradiction at the heart of the matter instead.

The tension lies between aggressive, publicly celebrated demographic change on one hand, and categorical denials of race-conscious decision-making on the other, and Lucas said that is precisely what the EEOC is asking a federal court to examine. The agency’s legal theory relies on the pretext framework used in conventional discrimination cases: whether an employer’s stated business reason for a personnel decision holds up under scrutiny, whether standard procedures were bypassed, and whether a candidate was pre-selected.

“I think it’s important for us to bring cases on behalf of the full rainbow of workers that come before us,” she said, with a clear implication: even a white shade of that rainbow.

Under Lucas, the EEOC has filed a string of cases targeting DEI-aligned employment practices. In February, the agency sued a Coca-Cola distributor for hosting a women’s-only retreat. In March, Planned Parenthood of Illinois settled an EEOC investigation into discrimination against white employees, paying $500,000. The NYT lawsuit is the most high-profile action yet.

Critics, including a significant faction inside the agency itself, argue the enforcement shift has less to do with equal protection than political targeting. A New York Times investigation published in April cited more than a dozen current and former EEOC employees—Republicans and Democrats alike—who said they faced institutional pressure to pursue politically sensitive reverse-discrimination cases even when evidence was thin.

At the Fortune summit, Lucas did not address these specific internal allegations. She pointed instead to a headline performance figure: The agency recovered $528 million for discrimination victims in the most recent fiscal year, she said—the highest total in the agency’s 60-year history. “If we had narrowed the aperture,” she asked the audience, “how would we recover that?”

She also offered a potential compliance path at the summit. Companies that want to support underrepresented talent without legal exposure should pivot to socioeconomic proxies—programs aimed at first-generation college graduates or first-generation professionals—rather than race- or sex-targeted pipelines. “You could broaden an opportunity and do it in a race- and sex-neutral manner that I think would achieve some of the good-faith desires of employers without running afoul of the law.” Lucas did not say as much, but she is fighting a widespread assumption of bad faith on the part of the EEOC in particular and the Trump White House in general as she leads this litigation.

The EEOC lawsuit against the New York Times has quietly become a meta-media story, folding in years of accumulated grievance between elite liberal outlets and the writers they shed during the identity politics wars of the early 2020s. New York Magazine—which covered the suit with the dismissively headlined “The White Man Crying Discrimination at the New York Times” — is the same outlet that pushed out the heterodox Andrew Sullivan in July 2020 amid staff pressure over his views on race. Sullivan departed with pointed understatement, calling the reasons for his exit as “self-evident,” and went on to build The Weekly Dish on Substack around precisely the argument that institutions like NY Mag and the Times had become ideologically captured.

When the EEOC suit dropped, Sullivan responded within days with a piece titled “Why The New York Times Is Post-Liberal,” treating the lawsuit as confirmation of a thesis he’d been arguing since before he was shown the door. The question remains: Is it discrimination?

The Times case is pending in federal court in Manhattan. Case No. 1:26-cv-03704.