The Trump administration is moving to compel Nike to release internal records as federal investigators probe allegations that the company discriminated against white employees and applicants to fulfill its diversity, equity, and inclusion (DEI) objectives.
In a federal court filing Wednesday, the Equal Employment Opportunity Commission (EEOC) stated that it is investigating claims of “disparate treatment against white employees,” including during layoffs, and that Nike has refused to comply with a subpoena requesting documentation about its DEI goals and practices dating back to 2018. The commission is now asking the court to force Nike to provide that information.
“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, the EEOC will take all necessary steps—including subpoena enforcement actions,” said EEOC Chair Andrea Lucas.
A Nike spokesperson said the court action was a “surprising and unusual escalation,” adding that the company has already participated in the inquiry “in good faith” and submitted thousands of pages of documentation. “We are in the process of providing additional information and remain committed to fair and lawful employment practices,” the company said.
The investigation stems from a 2024 civil rights complaint filed by America First Legal, a conservative legal group that accused Nike of race- and gender-based hiring practices. According to public statements, Nike had set internal goals to make 50% of its global corporate workforce female and 35% of its U.S. workforce racial minorities by 2025.
Nike also promotes a number of identity-based “Employee Networks” for racial minorities, women, and LGBT individuals. However, the company’s DEI materials reportedly exclude mention of straight white men, raising concerns that those employees may be excluded from advancement opportunities or targeted during layoffs.
The EEOC is particularly interested in how Nike selected employees for recent layoffs and whether those decisions violated Title VII of the Civil Rights Act, which bans race-based discrimination in employment. The commission said its probe is part of a broader effort to ensure equal protection under the law for employees of all backgrounds.
“Title VII’s prohibition of race-based employment discrimination is colorblind and requires the EEOC to protect employees of all races,” the commission added.
Corporate DEI programs have come under increasing scrutiny in recent years, with several companies facing lawsuits or legal threats over allegations of reverse discrimination. In 2023, NASCAR quietly dropped a race requirement in one of its internship programs after a legal challenge. And in 2024, the Supreme Court ruled in favor of a white woman who alleged she was passed over for a promotion in favor of an LGBT candidate, affirming that white and straight plaintiffs have standing in discrimination cases.
Nike says it plans to continue cooperating with the EEOC and will respond to the petition, but the case could become a defining legal battle over the limits of corporate diversity programs in the post-affirmative action era.
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