EEOC files subpoena enforcement action against Nike over alleged discrimination of white workers

The U.S. Equal Employment Opportunity Commission filed a subpoena enforcement action against Nike over its alleged discrimination of white workers, including through its DEI targets.

The EEOC is investigating allegations of intentional race discrimination, specifically that Nike may have engaged in “a pattern or practice of disparate treatment against white employees, applicants and training program participants in hiring, promotion, demotion, or separation decisions, including selection for layoffs; internship programs; and mentoring, leadership development and other career development programs,” according to the court filing in U.S. District Court for the Eastern District of Missouri.

The EEOC’s probe and subpoena sought information related to these allegations, with some requests going back to 2018. The information included criteria used in selecting employees for layoffs; Nike’s tracking and use of worker race and ethnicity data, including as a factor in setting executive compensation; and information about 16 programs that allegedly provided race-restricted mentoring, leadership, or career development opportunities.

The court filing followed Nike's failure to produce all the information sought by the subpoena, according to the EEOC on Wednesday.

“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 enforcement actions—to ensure the opportunity to fully and comprehensively investigate,” EEOC Chair Andrea Lucas said.

“Title VII’s prohibition of race-based employment discrimination is colorblind and requires the EEOC to protect employees of all races from unlawful employment practices. Thanks to President Trump's commitment to enforcing our nation’s civil rights laws, the EEOC has renewed its focus on evenhanded enforcement of Title VII.”

The investigation followed a complaint filed by America First Legal in 2024, which accused Nike of violating federal civil rights laws through policies that allegedly favor non-white employees at the expense of white males, Discern Money reported. AFL noted Nike’s self-imposed “2025 Targets,” which include specific quotas for increasing representation of minorities in its workforce and leadership roles.

A Nike spokesperson called the EEOC’s action a “surprising and unusual escalation,” adding that the company has cooperated by providing thousands of pages of documents and detailed responses. The spokesperson noted Nike’s commitment to “fair and lawful employment practices” and prohibition of discrimination, while affirming that its programs follow legal requirements.