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The Megyn Kelly Show
New York Times Sued Over Alleged Discrimination of White Man, Trump's Big Indiana Win: AM Update 5/7
00:18:20
The EEOC is suing the New York Times, alleging the paper violated the Civil Rights Act by passing over a white male employee for a promotion because of his race and sex - employment attorney James Fett weighs in. President Trump’s endorsed candidates scored major wins in Indiana, defeating several Republican state senators who opposed his redistricting push. Commerce Secretary Howard Lutnick faced closed-door questioning on Capitol Hill over newly released Epstein files that appear to contradict his past claims about when he last had contact with Jeffrey Epstein. Ted Turner, the billionaire media pioneer who founded CNN and helped reshape cable television, has died at 87 after a years-long battle with Lewy body dementia. Pure Talk: Dial #250 and say keyword MEGYN KELLY to switch to Pure Talk and get unlimited data for just $34.99 a month! Done with Debt: https://www.DoneWithDebt.com & tell them Megyn Kelly sent you!
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Employment Attorney James Fett
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Emily Jashinsky
Good morning everyone. I'm Emily Jashinsky, host of afterparty and the Megyn Kelly Wrap up show on Sirius XM channel 111. It's Thursday, May 7, 2026 and this is your AM update.
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Employment Attorney James Fett
It's really quite simple. You cannot take race or gender into account, period.
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Emily Jashinsky
A federal discrimination watchdog suing the New York Times alleging it violated the Civil Rights act in passing over a white male to fill a position.
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CNN's Arlette Signs
These results in Indiana really showcase President Donald Trump's grip on the Republican Party.
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Emily Jashinsky
President Trump scores major victories in Indiana primaries where Republicans who defied his redistricting push are paying the price at the ballot box. Commerce Secretary Howard Lutnick facing new questions over his past ties to Jeffrey Epstein as lawmakers clash over whether his closed door testimony cleared the air or raised more concerns. And Ted Turner, the billionaire entrepreneur behind CNN and TNT Paul passing away after a years long battle with Lewy Body Dementia. All that and more coming up in just a moment on your AM Update.
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Emily Jashinsky
The Equal Employment Opportunity Commission or eeoc, a government run discrimination watchdog filing a lawsuit against the New York Times on behalf of a white male employee alleging the media outlet violated the Civil Rights act by passing him over for a promotion because of his race and sex. The lawsuit filed in the Southern District of New York does not name the journalist, but New York Magazine reports it is likely Bryant Rousseau, a senior editor and producer on the Times International desk who has been with the paper for more than a decade, whose LinkedIn profile matches the job descriptions in the lawsuit. In 2025, the Times opening a search for a deputy real estate editor, the position ultimately going to an outside candidate. A non white woman the EEOC alleges had little to no background in real estate journalism, despite that experience being listed as a job requirement. The agency further alleging no white male candidates advanced to the final round of interviews. The complaint claims the Times deviated from its normal hiring process to include the eventual hire in the candidate pool, despite her receiving a lower internal rating from the hiring panel than the other finalists. From an EEOC statement, the New York Times has a well documented commitment to enacting race and sex conscious decision making in the workforce through its diversity, equity and inclusion or DEI policies. The lawsuit putting it more bluntly, a necessary consequence of the NYT's intent to increase the percentage of non white leaders would be a decrease in the percentage of white leaders. The EEOC asking a judge to bar the Times from discriminating against employees based on race or sex and to award back pay and other damages to the rejected applicant. A spokesperson for the New York Times, Daniel Rhodes, ha releasing a statement quote, the New York Times categorically rejects the politically motivated allegations brought by the Trump administration's eeoc. Our employment practices are merit based and focused on recruiting and promoting the best talent in the world. We spoke to employment attorney James Fett, who is not involved with this case, but says allegations the Times deviated from its normal hiring process could become a significant factor in the lawsuit.
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Employment Attorney James Fett
Well, it's one of the important factors, but based on my review of that release, they've got the Times right by the throat. The non compliance with your internal procedures is just one of the many red flags whether it's a DEI case or a straight up gender or straight up race case. That's always something that you look for if you are representing the employee.
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Emily Jashinsky
Fett agrees with the Times assertion that the case is politically motivated, but not necessarily in the way the paper frames it.
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Employment Attorney James Fett
Well, it, it is politically motivated, but only to the extent that the Trump administration on day one said that they were going to vigorously enforce the civil rights law to ensure that the DEI way was extinguished. So yeah, that it's a, it's a policy mandate that the EEOC is following, but I'd say it's a good one in terms of it's politically motivated. That is something that is chanted almost every time you have a claim against an employer for violation of the civil rights laws with their DEA program.
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Emily Jashinsky
As for Fett's prediction of the outcome,
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Employment Attorney James Fett
it's in the Southern District of New York, which we know is they're going to have a liberal jury. Most likely, if they get a fair shot, they're going to get a very large judgment. And I say that because the cases that have gone to trial have yielded whopping verdicts. I myself have gotten whopping verdicts doing these kind of cases. So we hope that I don't know who the judge assigned is, but that's another huge issue because judges have been known to put their thumb on the scale based on their philosophical predilections when it comes to handling these cases. So I hope they get a fair judge and if they do, they should be looking forward to a healthy judgment.
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Emily Jashinsky
Fett says even though many companies have blurred the line between diversity goals and illegal discrimination, the law itself is straightforward.
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Employment Attorney James Fett
It's really quite simple. You cannot take race or gender into account, period. It doesn't matter if it's for dei, it doesn't matter if you call it affirmative action. It doesn't matter if you call it correcting underrepresentation. The law has been this way for a long time, but the rate of non compliance with that law is at an all time high when it comes to dei. You know, the Trump administration has another three years to enforce the law this vigorously. We just have to hope that the next administration will fairly enforce and I, I'm not optimistic that that's going to happen. If the Democratic Party takes over. They have almost incorporated DEI as part of their religion. It's almost a creed that if you're a liberal Democrat you have to honor the request for dei and that's crazy.
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Emily Jashinsky
President Trump flexing his political muscle in Indiana, where Republican primary voters backed most of the state Senate candidates he endorsed against GOP lawmakers who defied him on redistricting in December. Indiana's Republican controlled state Senate breaking with President Trump over congressional redistricting. The president backing a proposal to redraw the state's congressional map in an effort to expand the GOP's House majority. The Trump backed proposal would have effectively eliminated Indiana's two Democrat held congressional districts. But despite passing the statehouse, the map failed in the Senate 31:19 with 21 Republicans joining Democrats to oppose it. President Trump at the time posting a warning to Truth Social quote, anybody that votes against redistricting and the success of the Republican Party in D.C. will be, I am sure, met with a mega primary in the spring. I will do everything within my power to make sure that they will not hurt the Republican Party and our country again. Tuesday's results delivering a political bloodbath for the Republicans who crossed President Trump on redistricting of the seven GOP state senators who voted against the map, five were defeated by Trump backed primary challengers. One incumbent survived. While the seventh race as of yesterday evening remains too close to call, the losses were not close. Each of the five defeated incumbents losing by double digits. One of the biggest upsets coming in the race involving veteran State Senator Travis Holdman, the chamber's number three Republican. The results increasing pressure on Republican leader and Indiana State Senator Rod Bray, a top target of President Trump, though he is not up for reelection until 2028, a MAGA ally in the state telling Politico the primary defeats could shift nine votes away from Bray's block as lawmakers who survived Tuesday's purge now face growing pressure from the Trump wing of the party. CNN's Arlette signs yesterday on what these Indiana results could mean for the broader Republican Party heading into the midterms.
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CNN's Arlette Signs
These election results could potentially embolden Republicans in other states as they are pursuing redistricting efforts. We have really seen a slate of Southern states try to push forward on redrawing congressional maps. These results in Indiana really showc case President Donald Trump's grip on the Republican Party. His approval ratings nationally are failing, but it shows that he still has significant sway within conservative circles. Something to watch heading into these consequential midterm elections.
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Emily Jashinsky
With Tuesday's result, the likelihood of the Indiana state legislature revisiting redistricting is high elsewhere Tuesday night. Tuesday's primaries finalizing the field in two nationally watched statewide races in Ohio state Republican Vivek Ramaswamy handily securing his party's nomination for governor and will now face Democrat Amy Acton, who led Ohio's public health response during COVID and the state now set for a high stakes U.S. senate battle. Republican Senator and incumbent John Husted moving on to the general election against Democrat Sherrod Brown, both men easily beating their respective primary competitors. Coming up, Commerce Secretary Howard Lutnick, under scrutiny on Capitol Hill after Epstein files, raised new questions about his past contacts with the disgraced financier and CNN founder Ted Turner, dead at 87.
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Emily Jashinsky
Commerce Secretary Howard Lutnick appearing before the House Oversight Committee yesterday for a transcribed interview about his relationship with Jeffrey Epstein. Secretary Lutnick summoned by the committee after documents released in the Epstein files revealed the two had been in business together as recently as 2014, well after the disgraced financier's 2008 conviction on prostitution charges involving a minor. The file is also containing a photo of Epstein, Lutnick and a group of other men on Epstein's island, the secretary, his wife and their children visiting once in 2012, according to Lutnick. Prior to the release of the files, Secretary Lutnick maintaining he had last been in contact with Epstein in 2005. The files revealing the two, who were neighbors in New York City, continued communicating via email until at least 2018. In yesterday's closed door meeting, the secretary reportedly telling the committee he did not have a personal or professional relationship when he was neighbors with Epstein. He also reportedly said he never saw Epstein with any young women nor did he witness anything Inappropriate, CBS reporting Mr. Lutnick told the committee he met Epstein three times, the first for a tour of Epstein's home where he noticed a massage table. The second meeting occurring on Epstein's island. The secretary and his family invited to lunch while on a trip to the US Virgin Islands. In a third meeting, the two discussing scaffolding in Epstein's foyer. Congressman Ro Khanna, Democrat from California, giving reporters his impressions of the testimony.
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Congressman Ro Khanna
Well, now we know why that interview was not videotaped. If Donald Trump had seen the video Transcript he would have fired Howard Lutnick. It was really embarrassing. He was asked very straightforward questions about whether he regretted misleading the American people. I mean, he said that he would never see Epstein again in 2005, and everyone knows that he took his wife and kids to see Epstein in 2012. And yet it was just contortions and lies and no acknowledgement that he misled the American public.
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Emily Jashinsky
Chairman James Comer, a Republican, casting the testimony differently.
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Chairman James Comer
I mean, I feel like that Lutnick's been very transparent. He came in voluntarily. I said before this thing started, the only thing that I had seen that Lutnick did wrong was wasn't 100% truthful on the brief visit to the island with his family. He corrected that in his opening statement. And, you know, we'll see, we'll continue our investigation. And if we find that there were any misstatements by Lutnick, it's a, it's a felony to lie to Congress and he'll be held accountable. It's too bad it's not a felony for a member of Congress to lie to the media or we would have a lot of Democrats that would be having to lawyer up right now.
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Emily Jashinsky
A transcript of the interview set to be released in the coming days. Media mogul Ted Turner, pioneer of the 24 Hour News Network and founder of CNN, dying yesterday surrounded by his family at the age of 87. Born in 1938 in Cincinnati, Ohio, Turner would go on to inherit his father's billboard advertising company before buying up radio stations and then turning his sights to television. Eventually, Turner expanding into news on June 1, 1980, launching the first ever 24 hour news network, CNN. Turner aiming to broaden access to TV news. I worked until 7 o' clock and when I got home the news was over. So I missed television news completely and I figured there were lots of people like me. In addition to cnn, Turner launching Turner Network Television or tnt, Turner Classic Movies and Cartoon Network. He sold this network's two Time Warner in 1996 for $7.5 billion, staying on as vice chairman. Turner's net worth taking a significant hit as a result of the Time Warner merger with AOL at the peak of the dot com bubble. He resigned from his position as vice chairman in 2003, fully exiting the business in 2006, pursuing other ventures, including the restaurant business with Ted's Montana Grill. An avid philanthropist and conservationist, Turner, who is the second biggest landowner in North America with 2 million acres, bringing bison back from near extinction, managing the largest private bison herd with about 51,000 head, according to CNN. In 2018, Turner publicly disclosing a Lewy Body dementia diagnosis, a progressive brain disease. Turner marrying three times the first marriage to Julia Gail Nye, with whom he had two children, the couple divorcing in 1964. Later that same year, Turner marrying Jane Shirley smith. They had three children together before divorcing in 1988. Finally, Turner marrying actress Jane Fonda, the marriage lasting 10 years from 1991 to 2001. In 2012, Turner telling Piers Morgan that Fondo was probably the great love of his life and he would likely never get over her quote, when you love somebody and you really love them, you never stop loving them. There's nothing wrong with that. That's good. He is survived by his five children, 14 grandchildren and two great grandchildren. That'll do it for your AM update, I'm Emily Jasinsky, host of Afterparty. Catch the Megyn Kelly show live on SiriusXM's the Megyn Kelly Channel 111 at noon east on YouTube.com Megyn Kelly and all podcast platforms.
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