The U.S. Equal Employment Opportunity Commission (EEOC) is investigating allegations that Nike discriminated against white workers.
The commission filed a subpoena enforcement action in a federal court on Feb. 4 in a bid to compel Nike to produce the information requested for its investigation, after it said Nike failed to adequately comply with an earlier subpoena request.
Nike took issue with the claim that it had not cooperated with investigators, saying in a statement shared with the Associated Press that the lawsuit “feels like a surprising and unusual escalation,” and adding that it has “shared thousands of pages of information and detailed written responses to the EEOC’s inquiry and are in the process of providing additional information.”
The EEOC said it is investigating systemic allegations of DEI-related intentional race discrimination that date as far back as 2018. Specifically, the commission is looking into whether Nike engaged in “a pattern or practice of disparate treatment against white employees, applicants and training program participants in hiring, promotion, demotion or separation decisions, including selection for layoffs, internship programs and mentoring, leadership development and other career development programs.”
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“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 enforcement actions — to ensure the opportunity to fully and comprehensively investigate,” said EEOC Chair Andrea Lucas in a statement. “Title VII’s prohibition of race-based employment discrimination is colorblind and requires the EEOC to protect employees of all races from unlawful employment practices.”
The EEOC’s action carries a hint of political undertone, with Lucas specifically calling out President Trump in her statement. Since taking office Trump has been vocal about his opposition to DEI initiatives, labelling them “radical and wasteful” when he issued a series of executive orders to dismantle such programs within his first week in office.
“Thanks to President Trump’s commitment to enforcing our nation’s civil rights laws, the EEOC has renewed its focus on evenhanded enforcement of Title VII,” said Lucas in her statement on the Nike investigation.
