The US Equal Employment Opportunity Commission (EEOC) has commenced a detailed inquiry into Nike in connection with allegations that the company has engaged in discriminatory practices affecting White employees. The investigation, disclosed on Wednesday, centers on potential discrimination that may have arisen, at least in part, due to Nike's implementation of its Diversity, Equity, and Inclusion (DEI) goals, notably the company's 2025 targets and related objectives.
This enforcement action by the EEOC serves as a clear indication of a shift in regulatory oversight, coinciding with changes under the Trump administration. The administration has emphasized a renewed focus on civil rights enforcement that questions the fairness of diversity initiatives, specifically whether such programs might inadvertently disadvantage White employees.
Andrea Lucas, the EEOC Chair, underscored this shift in priorities, stating that under President Trump, the agency has recommitted to balanced enforcement of Title VII of the Civil Rights Act. She pointed out, "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."
In the official filing submitted on Wednesday, the EEOC did not name any individual employees affected. Instead, it broadly referred to "all White employees, former employees, prospective employees, and current and prospective training program applicants and participants who have been, continue to be, or may be in the future adversely affected by the unlawful employment practices alleged."
The origins of this probe trace back to 2024 when Chair Lucas, then serving as an EEOC commissioner, initially lodged a discrimination charge against Nike. Since her appointment as chair, she has steered the commission toward addressing complaints of discrimination against White individuals. A notable example of this stance was a December social media announcement where Lucas invited potential victims of DEI-related discrimination to come forward, specifically targeting White males who have experienced workplace discrimination based on race or sex. She communicated that such individuals might be entitled to recover damages under federal civil rights legislation.
The investigation is comprehensive in scope. The EEOC seeks information from Nike dating back to 2018 concerning "race-based workforce representation quotas" and alleges that employment decisions, including layoffs and promotions, may have been influenced, at least partially, by racial considerations. Moreover, the agency requested details regarding sixteen mentoring and career development initiatives described as "race restricted," suggesting these programs limit participation based on race.
The probing of Nike, a high-profile corporation, reflects the EEOC's stringent approach to examining employers' DEI policies under the current administration's anti-DEI agenda. Sam Mitchell, a Chicago employment law attorney specializing in dispute resolution, observed that Nike appears to be a precedent-setting case, remarking, "Nike is being made an example of."
It is notable that the EEOC resorted to an enforcement action after Nike did not fully comply voluntarily with the information requests outlined in the subpoena. This step highlights the seriousness of the inquiries surrounding Nike's employment practices.
Efforts to obtain comment from Nike on the ongoing investigation have been initiated but no response was recorded at the time of reporting.