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(The Hill) — On Wednesday, the U.S. Equal Employment Opportunity Commission (EEOC) announced its investigation into Nike, scrutinizing the sportswear company’s diversity programs for potential discrimination against white employees.
The EEOC has taken legal action in a Missouri federal court to enforce Nike’s compliance with a subpoena. This request aims to obtain records dating back to 2018.
In its inquiry, the commission is requesting data regarding the company’s use of race and ethnicity information, particularly how it influences executive compensation. Additionally, the EEOC is examining programs that may have limited mentoring, leadership, and career growth opportunities based on race, as per the court filing.
Furthermore, the agency is interested in understanding the criteria Nike employs when deciding which employees to lay off.
According to the documents, the EEOC is investigating potential violations of Title VII by Nike. The focus is on whether the company has systematically engaged in discriminatory practices against white employees, applicants, and participants in training initiatives, affecting decisions related to hiring, promotions, demotions, layoffs, internships, and various career development opportunities.
According to the filing, EEOC Commissioner Andrea Lucas cited documents and statements underscoring Nike’s commitment to a more diverse U.S. workforce, including a publicly stated goal to reach 30 percent racial and ethnic minority representation at the director level and above, as the basis for her charge.
Nike said it was cooperating with the commission and has already shared thousands of pages of information and written responses, calling the court action a “surprising and unusual escalation.”
“We have had extensive, good-faith participation in an EEOC inquiry into our personnel practices, programs, and decisions and have had ongoing efforts to provide information and engage constructively with the agency,” the company said Thursday in a statement to The Hill.
It added that it is “committed to fair and lawful employment practices and follow all applicable laws, including those that prohibit discrimination” and would continue to cooperate with the agency.
The news of an investigation comes after the commissioner called on white men last December to come forward with employment and workplace discrimination complaints, suggesting they may have a claim to recover money under the Civil Rights Act of 1964.
Lucas has served on the commission since President Donald Trump’s first term in 2020 and was appointed chair last November.
Trump has made dismantling diversity, equity and inclusion (DEI) programs a central focus of his second term, issuing several executive orders within his first weeks in office to eliminate diversity initiatives across federal agencies, the military and other federally funded institutions.
The administration has also targeted law firms over “unfair and anti-competitive employment practices” throughout its first year in office.
The Federal Trade Commission warned 42 law firms in a letter on Jan. 30 against engaging in such practices, claiming that all of those firms had participated in a certification program overseen by Diversity Lab that required them to “agree to follow certain of Diversity Lab’s DEI-based employment standards.”
Perkins Coie and WilmerHale, two top law firms that scored major legal victories against the president last year, were among those sent the letter.