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Nike is facing a federal investigation into workplace discrimination allegations after the Equal Employment Opportunity Commission requested extensive company records related to employment practices and diversity programs.
The inquiry centers on claims that the footwear company discriminated against white employees and applicants, according to court filings connected to the investigation. The EEOC said it is examining whether the company engaged “in a pattern or practice of disparate treatment against white employees, applicants, and training program participants”.
The agency has demanded documents dating back to 2018, including records concerning hiring, promotion, training programs, and the use of race and ethnicity data in workplace decisions. Investigators are also seeking information about whether demographic data influenced executive compensation decisions.
Nike said it is cooperating with the inquiry and maintains that its employment practices comply with federal law.
“We believe our programs and practices are consistent with those obligations and take these matters seriously. We will continue our attempt to cooperate with the EEOC and will respond to the petition,” the company said in a statement.
The firm also described the investigation as “a surprising and unusual escalation” and said it is “committed to fair and lawful employment practices”.
EEOC subpoena focuses on hiring and layoffs
Court documents show the EEOC’s request follows a complaint filed in 2024 by America First Legal, a far-right organization founded by Stephen Miller, a key adviser to Donald Trump. The group has identified dismantling diversity, equity and inclusion programs as a central objective.
"This administration is not going to let our society devolve into communist, woke, DEI strangulation," Miller has said.
According to the filing, the EEOC is seeking information about hiring goals for racial and ethnic minorities and documentation related to training and promotion practices. The agency is also requesting personal information about “all employees considered or evaluated for potential layoff” during the company’s 2024 workforce reductions.
The commission said earlier requests for information began about 13 months ago and included a previous subpoena.
“Nike's failure to comply ... has delayed and hampered the EEOC's investigation of alleged unlawful employment practices,” court documents stated.
Nike said it has already provided thousands of pages of documentation to the agency in response to earlier requests. The company has argued that the investigation should be dropped, stating it is being questioned about diversity initiatives that regulators had previously supported.
Federal enforcement priorities shift
The investigation marks one of the first high-profile enforcement actions taken by the EEOC since Trump returned to the presidency. The administration has criticized diversity initiatives, arguing they can amount to “reverse discrimination”.
The EEOC, established by the Civil Rights Act of 1964, has historically focused on discrimination affecting minority groups and women. Recent policy direction from the White House has attempted to shift that emphasis towards alleged discrimination against white people and women.
Andrea Lucas, Chair of the EEOC, has said some common workplace programs could violate discrimination laws and encouraged white male workers to file complaints if they believe they have been treated unfairly.
The agency is pursuing similar legal action involving Northwestern Mutual Life Insurance, which said in its response that regulators had not clearly explained what conduct was under investigation.
Michael Foreman, Director of the Civil Rights Appellate Clinic at Penn State Dickinson Law, criticized the commission’s approach, calling the Nike inquiry “more of EEOC's consistent pattern of basically being the bully pulpit for the Trump administration”.
“What about discrimination based upon minority status? Based upon national origin?” he said. “These other types of discrimination that are so prevalent are going unaddressed by this agency,” he added.
The outcome of the investigation could shape how employers approach diversity initiatives, documentation, and compliance oversight across large organizations in the US.
