NEW YORK — Nike is facing a federal civil rights investigation over whether its diversity, equity and inclusion (DEI) initiatives unlawfully discriminated against white employees and job applicants, marking one of the highest-profile corporate inquiries in the Trump administration's broader scrutiny of workplace diversity programs.
The U.S. Equal Employment Opportunity Commission (EEOC), led by Chair Andrea Lucas, has sought court enforcement of an administrative subpoena requiring the athletic apparel company to provide documents related to its employment practices. According to court filings, the agency is investigating whether aspects of Nike's hiring, promotion, layoff and career development policies violated Title VII of the Civil Rights Act, which prohibits employment discrimination based on race and other protected characteristics.
The EEOC has requested information including criteria used to select employees for layoffs, the company's collection and use of workforce race and ethnicity data, and records relating to mentoring, leadership and career development programs that the agency says may have included race-based eligibility requirements. The subpoena also seeks information concerning Nike's diversity-related objectives and employment policies.
Nike has said it has cooperated extensively with the agency's inquiry and has already provided thousands of pages of documents and detailed written responses. The company described the subpoena enforcement action as a "surprising and unusual escalation" but said it would continue engaging with the EEOC.
"We are committed to fair and lawful employment practices and follow all applicable laws, including those that prohibit discrimination," Nike said in a statement. The company added that it believes its programs and practices comply with federal legal requirements and that it takes the matter seriously.
The investigation stems from a commissioner's charge initiated by Lucas rather than from a complaint filed by an individual employee. Under federal law, the EEOC has authority to initiate investigations when it believes there may be evidence of unlawful employment discrimination.
The case comes as the EEOC has shifted its enforcement priorities under the Trump administration. In June, the agency adopted a new enforcement agenda placing greater emphasis on investigating workplace diversity programs that it believes may involve intentional discrimination, while moving away from several priorities established during the Biden administration.
The subpoena enforcement proceeding does not determine whether Nike violated federal law. Instead, the court will decide whether the company must comply with the EEOC's requests for information as the investigation continues. No findings of unlawful discrimination have been made, and the underlying investigation remains ongoing.
