St. Louis, United States. The Equal Employment Opportunity Commission said in a court filing on Wednesday that it is investigating Nike for allegedly discriminating against white people through its diversity policies. The agency said Nike has refused to comply with a subpoena seeking information for the probe.
Subpoena dispute and scope of investigation
The EEOC said the footwear and apparel company has not complied with a wide-ranging subpoena seeking information including data on the racial and ethnic makeup of Nike’s workforce and a roster of employees selected for mentoring and development programs.
The commission said it is investigating whether Nike intentionally discriminated against white employees and job applicants, including by disproportionately targeting them for layoffs, and that it needs the requested information to determine whether Nike violated the law.
Nike did not immediately respond to a request for comment.
Trump administration focus on DEI programs
The probe marks the latest effort by President Donald Trump and his appointees to eliminate diversity, equity and inclusion policies from government, the private sector and higher education. Critics of DEI say such programs undermine merit-based decision-making and can amount to reverse discrimination against white people and men.
EEOC Chair Andrea Lucas has said many common workplace diversity programs may be unlawful and that the agency would investigate and potentially sue companies for violating laws banning discrimination based on race, sex, religion and other protected traits.
Related enforcement actions and complaints
The agency in November accused Northwestern Mutual Life Insurance of failing to comply with a subpoena related to claims that the company discriminated against white men. Northwestern has denied wrongdoing and said the subpoena, prompted by a single worker’s complaint, is too broad.
America First Legal, founded by Trump aide Stephen Miller, filed complaints with the EEOC against several large companies, including Nike, during the administration of Democratic former President Joe Biden.
Origin of the Nike probe
EEOC investigations are typically prompted by complaints filed by workers, but the Nike probe stems from a relatively rare “commissioner’s charge” initiated by Lucas in May 2024, according to Wednesday’s filing in federal court in St. Louis, Missouri.
What changes, if any, will Nike make to its diversity policies in response to the EEOC investigation?
