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The U.S. agency that enforces laws banning workplace discrimination said in a court filing on Wednesday it is investigating Nike for allegedly discriminating against white people through its diversity policies.
The Equal Employment Opportunity Commission said in the filing that the footwear and apparel company has refused to comply with a sprawling subpoena seeking information such as data on the racial and ethnic makeup of the company’s workforce and a roster of employees chosen for mentoring and development programs.
The commission said it is investigating whether Nike intentionally discriminated against white employees and job applicants, including by disproportionately targeting them for layoffs, and that it needs the information to determine whether Nike violated the law.
A Nike spokesperson called the filing “a surprising and unusual escalation,” saying the company is cooperating with the EEOC probe and has provided thousands of pages of information to the agency.
“We are committed to fair and lawful employment practices and follow all applicable laws, including those that prohibit discrimination,” the spokesperson said. “We believe our programs and practices are consistent with those obligations and take these matters seriously.”
Trump Administration Targets DEI Programs
The probe marks the latest effort by President Donald Trump, a Republican, and his appointees to eradicate diversity, equity and inclusion policies from the government, private sector and higher education. Critics of DEI say such programs undermine merit-based decision-making and can amount to reverse discrimination against white people and men specifically.
EEOC Chair Andrea Lucas has said many common workplace diversity programs may be unlawful and that her agency would investigate and potentially sue companies for violating laws banning discrimination based on race, sex, religion and other protected traits. Trump appointed Lucas to the commission in 2020 and named her chair last year.
The agency in November accused Northwestern Mutual Life Insurance of failing to comply with a subpoena related to claims that the company discriminated against white men. Northwestern has denied wrongdoing and said the subpoena, which was prompted by a single worker’s complaint, is too broad.
America First Legal, which was founded by top Trump aide Stephen Miller, filed complaints with the EEOC against a slew of large companies, including Nike, during the administration of Democratic former President Joe Biden.
EEOC investigations are typically prompted by complaints filed by workers, but the Nike probe stems from a relatively rare “commissioner’s charge” initiated by Lucas in May 2024, according to Wednesday’s filing in St. Louis, Missouri, federal court.
Lucas, in a statement on Wednesday, said when there are compelling indications that an employer’s DEI policies are unlawful, “the EEOC will take all necessary steps — including subpoena enforcement actions — to ensure the opportunity to fully and comprehensively investigate.”
(Reporting by Daniel Wiessner in Albany, New York; Editing by Alexia Garamfalvi, Chris Reese, Rod Nickel)
