The New York Times has filed a counterclaim against the Equal Employment Opportunity Commission (EEOC), accusing the agency of retaliating against the publication for its reporting via a race- and gender-based discrimination lawsuit. The countersuit follows an EEOC lawsuit filed in May on behalf of a White staffer, who claimed the Times had denied him a promotion to deputy editor on the basis of his race and gender.

EEOC Lawsuit

The EEOC’s lawsuit came eight days after a Times report showed that staff at the agency said they were under pressure to pursue discrimination cases that “match (President Donald) Trump’s agenda” opposing diversity, equity and inclusion initiatives. The Times cast the EEOC’s action as politically motivated in its filing.

Friday’s countersuit alleges that the EEOC’s lawsuit was filed even though the probe found “no evidence that race or sex was considered.” The Times also alleges that the EEOC’s lawsuit “was filed by a Commission that has expressly disavowed any independence from the President and is expressly committed to pursuing his agenda.”

First and Fifth Amendments

The Times’ attorneys write in the countersuit that the EEOC’s retaliatory, bad faith use of its authority to target The Times violates the First and Fifth Amendments and the Administrative Procedure Act (‘APA’) and poses a uniquely insidious threat to a free and independent press, and to our democracy.

Original reporting: KEYT (Ventura/Santa Barbara) — read the source article.