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Federal Agency Investigates Nike Over Allegations of Anti-White Discrimination in Diversity Policies
NEW YORK – Sportswear titan Nike is currently under investigation by the Equal Employment Opportunity Commission (EEOC) for alleged discrimination against white employees through its diversity, equity, and inclusion (DEI) policies. The federal agency, tasked with upholding workers’ civil rights, publicly disclosed the investigation in a recent motion filed in Missouri federal court, seeking full compliance from Nike regarding a subpoena for information.
The EEOC’s subpoena requests crucial data, including Nike’s criteria for selecting employees for layoffs, how the company tracks and utilizes worker racial and ethnic information, and details concerning programs that allegedly offered race-restricted mentoring, leadership, or career development opportunities.
In a statement, Nike expressed its cooperation with the EEOC, noting that the subpoena “feels like a surprising and unusual escalation.” The company affirmed, “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.”
This investigation aligns with a broader initiative led by EEOC Chair Andrea Lucas, who has been a vocal critic of certain DEI policies, viewing them as potentially discriminatory. Lucas’s efforts reflect a strategic alignment with priorities that have been emphasized by figures like former President Donald Trump.
Nike marks the most prominent company to face a publicly confirmed, formal anti-DEI investigation by the EEOC. Previously, in November, financial services provider Northwestern Mutual received a similar subpoena.
Chair Lucas reiterated the agency’s commitment, stating, “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.”
The investigation into Nike did not originate from an employee complaint. Instead, Lucas initiated a commissioner’s charge in May 2024, a less frequently used tool.
This charge followed a letter sent to the EEOC by America First Legal, a conservative legal group founded by Stephen Miller, a former top advisor to Donald Trump. America First Legal has reportedly sent numerous similar letters to the EEOC, urging investigations into the DEI practices of major U.S. corporations.
Lucas’s charge, as per court documents, was based on Nike’s publicly available information regarding its commitment to diversity, including executive statements and proxy filings. Notably, the charge cited Nike’s publicly stated goal in 2021 to achieve 35% representation of racial and ethnic minorities in its corporate workforce by 2025.
Many U.S. companies made similar DEI commitments following the widespread racial justice protests of 2020. These companies have maintained that such commitments are aspirational goals, not quotas, intended to be achieved through broadened recruitment efforts and the elimination of bias in hiring processes.
Under Title VII of the Civil Rights Act, employers are prohibited from using race as a criterion for hiring or other employment decisions. Lucas has consistently warned that some DEI initiatives risk pressuring managers into making race-based decisions that could violate these federal protections.
Nike’s statement affirmed its adherence to all applicable laws, including those prohibiting discrimination. “We believe our programs and practices are consistent with those obligations and take these matters seriously,” the company concluded.