Nike is under federal investigation for allegations of discrimination against white employees related to diversity, equity, and inclusion practices.

The United States Equal Employment Opportunity Commission (EEOC) has commenced an investigation into Nike, one of the world’s leading sportswear corporations, for alleged racial discrimination against white employees stemming from its diversity initiatives. This announcement was made public through a motion filed on Wednesday in a federal court in Missouri, where the EEOC requested that Nike comply with a subpoena demanding extensive documentation related to the company’s employment practices and diversity policies.

Specifically, the EEOC is seeking information that includes the criteria Nike employs for determining which employees are laid off, the methods used to collect and analyze race and ethnicity data on its workforce, and details regarding programs purportedly designed to offer mentoring and leadership opportunities that are racially exclusive. These inquiries fall within the agency’s broader push to scrutinize corporate diversity, equity, and inclusion (DEI) efforts, a shift in focus that coincides with the leadership of EEOC Chair Andrea Lucas, who has expressed concerns regarding potential discrimination embedded in such policies.

While Nike has publicly affirmed its commitment to cooperating with the EEOC, it regards the subpoena as an unexpected escalation in the ongoing inquiry. The company emphasized in a statement that it has already provided thousands of pages of documentation to the agency and continues to offer additional materials as requested.

Lucas has recently highlighted the agency’s intent to rigorously examine diversity programs within major corporations, positioning herself in alignment with certain governmental priorities established during the Trump administration. Nike’s investigation marks a significant moment, being one of the most prominent cases to be publicly confirmed by the EEOC in relation to DEI investigations. This inquiry follows a similar subpoena issued to financial services firm Northwestern Mutual last November.

The impetus for the EEOC’s actions is notably distinct from traditional cases arising from employee complaints. The investigation was initiated through a commissioner’s charge filed by Lucas herself in May 2024, following advocacy from America First Legal—a conservative legal group—who urged the EEOC to pursue action against Nike based on alleged discrimination against white male employees in their DEI practices.

This investigation emerges in the context of a widespread corporate shift towards diversity commitments following the racial justice movements spurred by events such as the murder of George Floyd in 2020. Many corporations have embraced diversity goals, such as Nike’s aim for 35% representation of racial and ethnic minorities in its workforce by 2025. However, such commitments raise important questions regarding compliance with federal anti-discrimination laws, specifically Title VII of the Civil Rights Act, which prohibits race-based employment decisions.

In response to the EEOC’s scrutiny, Nike reiterated its dedication to adhering to relevant laws against discrimination, asserting that its policies align with legal obligations and expressing its serious commitment to these matters. As the investigation unfolds, it remains crucial for observers to consider the broader implications for corporate diversity strategies and the evolving legal landscape surrounding workplace equality.

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