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The federal agency responsible for protecting workers’ civil rights announced Wednesday that it is investigating Nike for allegedly discriminating against white employees through its diversity policies, marking a significant escalation in scrutiny of corporate diversity initiatives.
The Equal Employment Opportunity Commission (EEOC) disclosed the investigation in a motion filed in Missouri federal court, demanding that Nike fully comply with a subpoena for information. According to court documents, the EEOC is seeking Nike’s criteria for selecting employees for layoffs, how the company tracks and uses worker race and ethnicity data, and information about programs that allegedly provided race-restricted mentoring, leadership, or career development opportunities.
Nike expressed surprise at the legal action, stating that the company has been cooperating with investigators. “We have shared thousands of pages of information and detailed written responses to the EEOC’s inquiry and are in the process of providing additional information,” Nike said in a statement to The Associated Press. “The subpoena feels like a surprising and unusual escalation.”
The investigation appears to be part of a broader initiative by EEOC Chair Andrea Lucas, who has moved aggressively to target diversity and inclusion policies that she has criticized as potentially discriminatory. This approach aligns the agency closely with priorities emphasized by former President Donald Trump’s administration.
Nike represents the highest-profile company publicly confirmed to be under a formal anti-DEI investigation by the EEOC. In November, the agency issued a similar subpoena against financial services provider Northwestern Mutual.
“When there are compelling indications, including corporate admissions in extensive public materials, that an employer’s Diversity, Equity and Inclusion-related programs may violate federal prohibitions against race discrimination or other forms of unlawful discrimination, the EEOC will take all necessary steps — including subpoena actions — to ensure the opportunity to fully and comprehensively investigate,” Lucas said in a statement.
The investigation does not stem from any worker complaint against Nike. Instead, Lucas filed her own complaint in May 2024 using a commissioner’s charge, a rarely employed tool that allows EEOC commissioners to initiate investigations independently. Her charge came shortly after America First Legal, a conservative legal group founded by former Trump adviser Stephen Miller, sent the EEOC a letter outlining complaints against Nike and urging the agency to take action.
America First Legal has sent numerous similar letters to the EEOC in recent years, targeting major U.S. companies’ DEI practices. Due to confidentiality requirements, it remains unclear how many other companies may be under investigation through commissioner’s charges, as the EEOC cannot reveal such information unless it results in fines, settlements, legal action, or other public actions.
According to court filings, Lucas based her charge on Nike’s publicly shared information about its commitment to diversity, including executive statements and proxy statements. The charge specifically cited Nike’s publicly stated goal in 2021 of achieving 35% representation of racial and ethnic minorities in its corporate workforce by 2025.
This commitment was part of a broader trend among U.S. companies following the 2020 racial justice protests after the police killing of George Floyd. Many corporations made similar pledges, maintaining that these were aspirational goals to be achieved through expanded recruitment efforts and elimination of bias in hiring processes, rather than rigid quotas.
Title VII of the Civil Rights Act prohibits employers from using race as criteria for hiring or other employment decisions. Lucas has consistently warned that many companies risk violating this law through DEI efforts that could pressure managers to make race-based decisions.
Nike defended its practices in a statement, saying: “We follow all applicable laws, including those that prohibit discrimination. We believe our programs and practices are consistent with those obligations and take these matters seriously.”
The case represents a significant test for corporate diversity initiatives at a time when such programs are facing increased legal and political scrutiny. The outcome could influence how major corporations approach diversity goals and implementation strategies in the future, potentially reshaping the landscape of workplace equity efforts across the country.
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7 Comments
This is a complex issue that highlights the challenges of implementing effective diversity and inclusion programs. While the intentions may be good, the EEOC probe suggests there could be room for improvement in Nike’s approach. It will be informative to see the results of the investigation.
This seems like a complex issue with valid concerns on both sides. On one hand, diversity and inclusion initiatives are valuable, but they must be implemented equitably. The EEOC probe will hopefully shed light on any problematic practices at Nike.
Agreed, it’s a delicate balance. Diversity is important, but not at the expense of unfairly discriminating against certain groups. The investigation will be an important test case for corporate diversity policies.
Interesting to see this investigation into Nike’s diversity policies. While promoting inclusion is important, it’s crucial to ensure all workers are treated fairly regardless of race or ethnicity. Curious to see the EEOC’s findings and how Nike responds.
Corporate diversity efforts are important, but they need to be executed thoughtfully and transparently. This EEOC investigation will be an interesting test case – I’m curious to see the details that emerge and Nike’s response.
Absolutely. Promoting a diverse and inclusive workforce is admirable, but it must be done in a way that is fair and equitable for all employees. This investigation will shed light on whether Nike’s practices crossed any legal lines.
Diversity and inclusion are important, but they must be pursued in a way that is lawful and equitable for all employees. This EEOC investigation into Nike’s practices will be an important test case, and I’m interested to see how it unfolds.