The Megyn Kelly Show

New York Times Sued Over Alleged Discrimination of White Man, Trump's Big Indiana Win: AM Update 5/7

May 7, 2026
James Fett, an employment attorney and commentator, gives legal analysis of a high-profile EEOC lawsuit against The New York Times. He examines alleged promotion discrimination, DEI practices and trial prospects. The conversation also covers major Trump-backed primary wins in Indiana and scrutiny of Howard Lutnick’s recent congressional questioning.
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INSIGHT

EEOC Alleges NYT Broke Hiring Procedure For DEI Pick

  • The EEOC sued The New York Times alleging it passed over a white male for promotion due to race and sex.
  • The complaint says the Times deviated from hiring procedures to include an outside non-white woman with less real estate journalism experience.
ADVICE

Spot Hiring Process Deviations As Legal Leverage

  • Employment lawyers watch for deviations from an employer's internal procedures as a key legal vulnerability.
  • James Fett says noncompliance with hiring processes is a strong red flag when representing rejected applicants.
INSIGHT

EEOC Enforcement Reflects Political Policy Shift

  • The current EEOC enforcement reflects a political priority under the Trump administration to challenge DEI practices.
  • James Fett frames the push as a policy mandate to 'extinguish' the DEI wave, increasing enforcement actions now.
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