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(Exclusive.) The Equal Employment Opportunity Commission has filed a civil rights lawsuit against The New York Times. The EEOC has accused them of committing unlawful employment practices by failing to promote an internal applicant for being male and white.

In court documents obtained and reviewed by Breaker, the claimant cited The Times recent push for diversity and inclusion as a key influence in the decision not to promote the man.

“Since at least 2017, NYT has published annual “Diversity and Inclusion Reports” showing the demographic composition of its staff, leadership, and new hires by sex and race with charts, graphs, and multi-year trends. These reports emphasized the NYT’s goal of increasing representation of Black and Latino workers as well as female workers.”

The claim also points to a February 2021 “Call To Action” stating that “people of color and particularly women of color remain notably underrepresented in its leadership.” 

According to the documents, the “Call to Action” and the “Diversity and Inclusion Reports” detail The Times’ “express efforts to make employment decisions on the basis of race and sex to achieve its desired demographic goals.” 

“A decrease in the percentage of White male employees (whether new hires, existing employees, or those in leadership, as appropriate) was a necessary consequence for the NYT to achieve these results.”

But The Times, who have become more aggressive in addressing legal action or claims against it since the Blake Lively and Justin Baldano lawsuit, went on the front foot in their official response, claiming the case is politically motivated. 

“The New York Times categorically rejects the politically motivated allegations brought by the Trump administration’s EEOC.” The statement attributed to Danielle Rhoades Ha, senior vice president of communications, reads, “Our employment practices are merit-based and focused on recruiting and promoting the best talent in the world. We will defend ourselves vigorously.”

But just who is this mystery Times journalist? Breaker has learned he is…

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⁘ As credited in The New York Times, CNBC, Axios, The New York Post, CNN, Bloomberg, The Guardian, and more.

It seems Ken Auletta isn’t just yet ready to name his choice for successor at The New Yorker, but that doesn't mean the question isn't on his mind. 

The longtime writer, who has spent almost five decades at the iconic mag, weighed in on the conversation surrounding editor David Remnick’s eventual replacement during an appearance on The Breaker Pod from the Smyth Tavern in Tribeca (cheers to owner John McDonald for inviting us down)

Of course, Remnick, who has run the magazine since 1998, remains firmly in place, but as he told Breaker in December, “You don't stand in the same river for very long.” 

In Auletta’s view, Remnick will be extremely difficult to follow, calling him “an extraordinary editor.” We agree. I mean, who else could have succeeded Tina Brown?!

As he noted, Remnick’s success comes even though “the magazine business is challenged" because “people respect David.” 

“David has great EQ,” Auletta said. “Not just IQ — he has great EQ. He’s great with people. And that’s a happy place.”

Breaker went on to propose a few names that have been tossed around the rumor mill. 

Nicholas Thompson, now CEO of The Atlantic and previously editor of The New Yorker’s website, was one. 

“Nick was my editor at The New Yorker for a period of time — wonderful guy,” Auletta said, adding that he “has abilities” and experience “as a leader of people.”

Legendary staff writer Patrick Radden Keefe, another frequently mentioned candidate, was the next.

“I love his work,” Auletta said. “I’m just amazed by his work — he’s a really great writer.”

But, he admitted, “I don’t know whether he has any management experience,” he said. “And that’s not unimportant.”

Then again, neither did Remnick when he got the job.

“David had no management experience when he became the editor in ’98,” Auletta noted. “So go figure.”

Catch more in this week's episode of The Breaker Pod. Make sure you check us out and subscribe on YouTube, Spotify, Apple Podcasts, or wherever you get your pods.

(Exclusive.) Jimmy Lai, the Hong Kong activist and media mogul who once helmed the pro-democracy publication Apple Daily, was sentenced in February to 20 years in prison despite already being behind bars since 2020.

Lai is viewed by the Chinese government as a traitor and the mastermind behind the pro-democracy movement. He was actively involved in mass protests in 2019 and 2020, which eventually led to his arrest. The arrest came despite Lai's associates telling him to leave the country.

President Donald Trump claims to have raised the release of Jimmy Lai with China’s Xi Jinping, at one point saying, “100 percent I’ll get him out. He’ll be easy to get out.” President Trump and President Xi will meet later this week, with Trump expected to urge China to intensify efforts to persuade Iran to open the Strait of Hormuz. No word yet whether Jimmy Lai’s case will be raised with the Chinese president.

On the eve of World Press Freedom Day, his son Sebastian Lai sat down with Breaker in Manhattan, saying his father “knew that he would be leaving his principles behind.” “But more importantly, he knew that he'd be leaving his colleagues behind,” Sebastian told Breaker. And he'd always say, "Look, I'm a troublemaker. I can't just…

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⁘ As credited in The New York Times, CNBC, Axios, The New York Post, CNN, Bloomberg, The Guardian, and more.