Nike under federal investigation for discrimination allegations against white employees related to diversity, equity, and inclusion policies.
The Equal Employment Opportunity Commission (EEOC) recently announced an investigation into Nike, one of the world’s leading sportswear manufacturers, over allegations of discrimination against white employees in connection with the company’s diversity policies. In a motion filed in a Missouri federal court, the EEOC sought to compel Nike to comply with a subpoena for critical information, including the criteria used for layoffs, how the company tracks and utilizes worker race and ethnicity data, and details regarding programs that may offer race-restricted mentoring or development opportunities.
In response to the EEOC’s actions, Nike expressed surprise at what it termed an “unusual escalation.” The company stated that it had actively cooperated with the EEOC by providing thousands of pages of documentation and is in the process of submitting additional information. The EEOC’s investigation is part of a broader effort under the leadership of Chair Andrea Lucas, who has been vocal about the potential discriminatory effects of certain diversity and inclusion initiatives.
Nike has emerged as the most high-profile company to face a formally acknowledged anti-diversity, equity, and inclusion (DEI) investigation by the EEOC. This follows the issuance of a similar subpoena to Northwestern Mutual, suggesting an emerging pattern in the agency’s scrutiny of corporate DEI practices.
Lucas has emphasized the importance of addressing programs that may inadvertently violate federal laws against racial discrimination. The EEOC will take necessary actions, including issuing subpoenas, to thoroughly investigate any compelling indications that companies may be breaching these laws. This initiative aligns with the broader legislative trends and policy stances that have been gaining traction in recent years, particularly in the wake of heightened awareness of racial justice issues.
The current inquiry into Nike originated from a commissioner’s charge filed by Lucas herself, rather than from a worker complaint. This methodology was employed in May 2024 following pressure from America First Legal, a conservative legal organization led by former Trump adviser Stephen Miller, which has prompted similar investigations into DEI practices within numerous corporations.
Lucas’s charge highlighted Nike’s explicit commitments to diversity, such as its publicly stated goal of having 35% racial and ethnic minority representation in its corporate workforce by 2025. This goal reflects a widespread corporate movement initiated after the racial justice protests in 2020, sparked by the killing of George Floyd. Many companies have publicly committed to diversifying their workforces, but these initiatives pose the risk of contravening Title VII of the Civil Rights Act, which prohibits employment decisions based on race.
In its public statement, Nike maintained its adherence to all applicable discrimination laws and asserted that its diversity programs are aligned with these legal obligations. The outcome of this investigation remains to be seen and may have significant implications for corporate diversity practices across the country.
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