Customers entering a Nike store. PHOTO: SOPA Images / ddp USA / Profimedia
The US agency that enforces laws against discrimination in the workplace said in a court filing on Wednesday that it is investigating sports equipment company Nike for allegedly discriminating against white people through its diversity policies, writes Reuters.
The U.S. Equal Employment Opportunity Commission (EEOC) alleged in court filings that the shoe and apparel maker refused to comply with an extensive subpoena seeking information such as data on the racial and ethnic makeup of the company's workforce and a list of employees selected for mentoring and development programs.
The commission said it is investigating whether Nike intentionally discriminated against white employees and job applicants, including by disproportionately firing them, and that it needs the information to determine whether Nike violated the law.
A Nike spokesman described the filing as “a surprising and unusual escalation.” According to this spokesperson, the company is cooperating with the EEOC's investigation and has provided the agency with thousands of pages of information.
“We are committed to fair and legal employment practices and to complying with all applicable laws, including those prohibiting discrimination,” the spokesperson said. “We believe our programs and practices are in compliance with these obligations, and we take these matters seriously.”
DEI programs in the sights of the Trump administration
The investigation is the latest attempt by Republican President Donald Trump and his Washington administration appointees to remove diversity, equity and inclusion (DEI) policies from government, the private sector and higher education, Reuters notes. DEI critics say such programs undermine merit-based decision-making and may constitute reverse discrimination against whites and men specifically.
EEOC Chairwoman Andrea R. Lucas said many common workplace diversity programs may be illegal, and that the agency she leads will investigate and possibly sue companies for violating laws that prohibit discrimination based on race, sex, religion and other protected characteristics. Trump appointed Lucas to the commission in 2020, and last year he decided she would be the EEOC chair.
In November, the agency accused Northwestern Mutual Life Insurance of failing to comply with a subpoena related to allegations that the insurance company discriminated against white men. Northwestern denied the allegations and said the subpoena, which was triggered by a single employee's complaint, was too broad.
America First Legal, a non-profit legal organization of US conservatives and founded by Stephen Miller, one of Trump's top advisers, filed complaints with the EEOC against several large companies, including Nike, during the administration of former Democratic President Joe Biden.
EEOC investigations are typically triggered by employee complaints, but the investigation targeting Nike stems from a relatively rare “commissioner's allegation” initiated by Andrea Lucas in May 2024, according to documents filed Wednesday in federal court in St. Louis. Louis, Missouri.
Lucas, in a statement issued Wednesday, said that when there is compelling evidence that an employer's DEI policies are illegal, “the EEOC will take all necessary steps — including subpoena enforcement actions — to ensure the possibility of a full and comprehensive investigation.”
