Nike is facing a federal probe over allegations that its DEI targets led to discrimination against white workers.
The Equal Employment Opportunity Commission said Wednesday that it has asked a federal judge to require Nike to provide information for its investigation into alleged racial discrimination. The sportswear giant is accused of intentional systemic discrimination against white employees, with some requests for information dating back to 2018.
A Nike spokesperson called the filing a “surprising and unusual escalation.”
“We have 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 spokesperson said.
They added: “We are committed to fair and lawful employment practices and follow all applicable laws, including those that prohibit discrimination.”
The subpoena enforcement action stems from an investigation charge filed by EEOC Chair Andrea Lucas in May 2024. Lucas alleged that Nike violated Title VII of the Civil Rights Act of 1964 through unlawful employment practices, including layoff selection, training and development opportunities, hiring, and promotion, all of which were based, in whole or in part, on race.
The EEOC wants Nike to turn over its criteria for choosing employees for layoffs, and how it tracks and uses worker race and ethnicity data, including as a factor for setting executive pay, the agency said. It also wants more information about 16 programs accused of providing mentoring, leadership, or career development opportunities based on race.
In 2021, Nike announced a five-year road map for creating more diversity and inclusion in its workforce, which included tying executive pay to the company’s progress in its DEI efforts. One of the objectives was to target 35% representation of racial and ethnic minorities in its US workforce by 2025. Nike employed 76,600 people as of May 2025.
The probe marks the latest move by President Donald Trump and his appointees to end DEI programs in the workforce. Last year, Trump signed an executive order to restrict DEI in the federal government and instructed agencies to probe companies over their DEI objectives.
“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,” Lucas said in Wednesday’s press release.
