US judge pauses discovery on NY Times' retaliation claim against EEOC

By Daniel Wiessner

Oct 26 (Reuters) - A US magistrate judge in Manhattan on Monday paused evidence gathering on the New York Times' claim that the US Equal Employment Opportunity Commission violated the newspaper's constitutional rights by suing it for passing over a white man for a top editorial role.

• US Magistrate Judge Robyn Tarnofsky said it made sense to pause discovery until the court decides the EEOC's motion to dismiss the Times' counterclaims

• The EEOC sued in May, accusing the Times of race and sex discrimination in pursuit of its diversity goals

• The Times' countersuit says the newspaper was targeted for coverage critical of President Donald Trump's administration

• Discovery in the EEOC's underlying lawsuit can proceed, Tarnofsky said

• The Times argued that it would be inefficient to stay discovery on its claim but not those made by the commission, since they involve overlapping facts

• But Tarnofsky said the EEOC made "substantial arguments" in defense of its lawsuit that should be decided first

• The case is part of a broader crackdown on diversity, equity and inclusion policies in the private sector, government and education

The case is EEOC v. The New York Times Company, US District Court for the Southern District of New York, No. 1:26-cv-03704.

For the EEOC: Benjamin North and Carl Chang

For the New York Times: Theodore Boutrous of Gibson Dunn & Crutcher; and Evandro Gigante and Atoyia Harris of Proskauer Rose

For Bryant Rousseau: Daniel Vitagliano of Consovoy McCarthy

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