EEOC Opens Federal Probe Into Nike Over Alleged DEI Discrimination Against White Employees

NEW YORK — The Equal Employment Opportunity Commission (EEOC) disclosed Wednesday that it has opened a formal investigation into Nike, alleging the sportswear company’s diversity, equity and inclusion (DEI) policies discriminated against white employees.

What the EEOC Is Seeking

In a motion filed in federal court in Missouri, the EEOC moved to compel Nike to comply with a subpoena for documents and information. According to court filings, the agency is seeking Nike’s criteria for selecting employees for layoffs, details on how the company collects, tracks and uses race and ethnicity data, and records about programs the EEOC says may have restricted mentoring, leadership or career-development opportunities by race.

FILE - Andrea Lucas, nominee to be a member of the Equal Employment Opportunity Commission, testifies during a Senate Health, Education, Labor, and Pensions (HELP) Committee hearing, June 18, 2025, on Capitol Hill in Washington. (AP Photo/Mariam Zuhaib, File)(ASSOCIATED PRESS)

How the Inquiry Began

Unlike many investigations that begin with a worker complaint, this probe started when EEOC Chair Andrea Lucas filed a commissioner’s charge in May 2024 — a less commonly used enforcement tool. Court documents say the charge drew on public materials from Nike, including executive statements and proxy filings, notably citing Nike’s 2021 pledge to achieve 35% racial and ethnic minority representation in its corporate workforce by 2025.

“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 fully and comprehensively investigate,” EEOC Chair Andrea Lucas said in a court filing.

Outside Pressure And Context

The charge followed a letter to the EEOC from America First Legal, a conservative legal group founded by former Trump adviser Stephen Miller, which urged the agency to investigate Nike’s DEI practices. America First Legal has sent similar letters in recent years prompting EEOC attention to corporate DEI programs. The agency also previously issued a similar subpoena to Northwestern Mutual in November.

File - The Nike logo is shown on a store in Miami Beach, Fla. on Aug. 8, 2017. (AP Photo/Alan Diaz, File)(ASSOCIATED PRESS)

Nike's Response And Legal Stakes

“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,” Nike said. The company described the subpoena as “a surprising and unusual escalation,” while reiterating it follows applicable anti-discrimination laws.

Under Title VII of the Civil Rights Act, employers are prohibited from using race as a criterion in hiring, firing or other employment decisions. EEOC leaders have warned that some DEI initiatives can cross the line into race-based decision-making that may violate federal law. The investigation could clarify how companies can pursue diversity goals while staying within legal boundaries.

Next Steps

The court motion seeks to force compliance with the subpoena so the EEOC can review the requested documents. If the investigation uncovers unlawful practices, it could lead to enforcement actions, settlements or litigation. Nike says it is cooperating with the EEOC and providing additional materials as requested.