Since the passage of the Civil Rights Act in 1964, the understanding of how Title VII applies to employers was not up for significant debate. Under the current federal administration, though, that appears to be changing.
EEOC v. New York Times
In May 2026, the Equal Employment Opportunity Commission (EEOC) sued the New York Times on behalf of a news editor it says was passed over for a new job due to his race and gender. According to the EEOC’s lawsuit, the newspaper chose not to promote an internal candidate with more experience than the person they ultimately hired because he is a white male.
Speaking for the EEOC, Chair Andrea Lucas said “Federal law is clear: making hiring or promotion decisions motivated in whole or in part by race or sex violates federal law. There is no diversity exception to this rule.” In its press release, the EEOC claimed the newspaper has a history of hiring practices involving diversity, equity, and inclusion (DEI). In its opinion, then, those practices violate Title VII of the Civil Rights Act.
In response, the New York Times rejected the lawsuit’s claims and questioned the EEOC’s motivations. “The New York Times categorically rejects the politically motivated allegations brought by the Trump administration’s E.E.O.C.,” said Danielle Rhoades Ha, a spokesperson for the publication. “Our employment practices are merit-based and focused on recruiting and promoting the best talent in the world. We will defend ourselves vigorously.”
It’s important to acknowledge this latest action by the EEOC – right here in federal court in New York City – is yet another anti-DEI effort by the Trump Administration.
The Trump Administration Backdrop
As we’ve written about before, on the first day of his current term, President Donald Trump signed three Executive Orders that attempted to influence employer hiring and workplace practices.
The first order targeted federal employers, requiring the termination of all “discriminatory programs, including illegal [DEI] and [DEIA] mandates, policies, programs, preferences and activities in the Federal Government, under whatever name they appear.”
A second targeted gender ideology and prohibits the use of federal funds to “promote gender ideology.”
Finally, the third, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” is particularly notable because it encourages federal agencies to ensure private-sector compliance. Unlike the first order, which applies specifically to federal employers, this third directive explicitly referenced private employers, signaling broader enforcement intentions.
What This Means for Employers
The most recent developments suggest the EEOC is taking a more expansive view of what constitutes unlawful discrimination under Title VII.
On its website under small business requirements, the EEOC says “You cannot discriminate against or harass applicants, employees or former employees because of race, color, religion, sex (including pregnancy, sexual orientation, or transgender status), national origin, age (40 or older), disability or genetic information (including family medical history).” Recent enforcement actions indicate the agency may now interpret certain DEI-related initiatives as potentially discriminatory if they appear to favor one group over another.
In February 2026, the EEOC sued Coca-Cola Beverages Northeast “under Title VII of the Civil Rights Act of 1964 (“Title VII”) and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex (male) and provide appropriate relief to male employees who have been adversely affected by these practices.”
The lawsuit came after the company privately invited only women workers on a two-day networking trip.
From its comments regarding the cases against the New York Times and Coca-Cola Beverages Northeast, it’s clear the EEOC is attempting to send a message. Under its interpretation, previously widespread attempts to promote diversity, equity, inclusion, and belonging deserve significant scrutiny.
Steps Employers Should Consider
But, remember, the law hasn’t changed. Title VII – the federal anti-discrimination law at issue in these federal court cases – remains in place.
So does, of course, the New York Human Rights Law, which arguably is even more protective of employees than federal law.
For small business owners and HR professionals, the EEOC developments underscore the importance of reviewing employment policies and practices carefully. Last year, we wrote about the EEOC’s cracking down on national origin discrimination and its emphasizing that bias against American workers is just as unlawful as discrimination against foreign workers.
In that post, we suggested five steps to ensure compliance and avoid EEOC investigations:
1️⃣ Review Hiring & Recruiting Policies
✔️ Remove any preferences for or against foreign workers.
✔️ Ensure job postings focus only on required skills and experience.
2️⃣ Train HR & Hiring Managers
✔️ Educate decision-makers on Title VII and New York employment laws.
✔️ Reinforce that bias (even unintentional) is unlawful.
3️⃣ Audit Staffing & Recruiting Agencies
✔️ Ensure vendors aren’t filtering candidates based on national origin.
✔️ Require compliance with regulations under the EEOC and NY Human Rights Law.
4️⃣ Document Hiring Decisions
✔️ Keep records of interview evaluations and hiring choices.
✔️ If challenged, have evidence of neutral decision-making.
5️⃣ Stay Updated on Employment Law Changes
✔️ Especially with the Trump Administration, EEOC priorities are shifting, so don’t get caught off guard.
✔️ Consult us if you’re unsure.
Considering the aggressive action being taken by the EEOC, it’s a good idea for companies in New York and elsewhere to be wary. If the agency is willing to file suit for both hiring practices (New York Times) and corporate events (Coca-Cola Beverages Northeast), it shows that taking steps now to review your business practices could save you from significant legal fees and challenges down the road.
We’re Here to Help
If you’ve got questions or concerns, reach out. You can find us at 716.839.9700 or info@coppolalegal.com.
We’re here to help you reduce your risk.
