EEOC Files Subpoena Enforcement Action Against NIKE

Federal agency seeks court order for information related to systemic race discrimination allegations that athletic footwear and apparel giant discriminated against white workers, including via NIKE’s DEI programs

ST. LOUIS – The U.S. Equal Employment Opportunity Commission (EEOC) announced today that the federal agency filed an action in federal court to compel NIKE, Inc. to produce information related to allegations that the company discriminated against white workers, including as a result of NIKE’s Diversity, Equity, and Inclusion-related 2025 Targets and other DEI-related objectives.

According to the EEOC’s court filing, the agency is investigating systemic allegations of DEI-related intentional race discrimination, specifically that NIKE may have engaged in “a pattern or practice of disparate treatment against white employees, applicants and training program participants in hiring, promotion, demotion, or separation decisions, including selection for layoffs; internship programs; and mentoring, leadership development and other career development programs.”

The EEOC’s investigation and subpoena sought information related to these allegations, with some requests going back to 2018. Information sought included criteria used in selecting employees for layoffs; information related to the company’s tracking and use of worker race and ethnicity data, including as a factor in setting executive compensation; and information about 16 programs which allegedly provided race-restricted mentoring, leadership, or career development opportunities. When the company failed to produce all the information sought by the subpoena, the agency filed an enforcement action in federal court.

“When there are compelling indications, including corporate admissions in extensive public materials, that an employer’s Diversity, Equity, and Inclusion-related programs may violate federal prohibitions against race discrimination or other forms of unlawful discrimination, the EEOC will take all necessary steps—including subpoena enforcement actions—to ensure the opportunity to fully and comprehensively investigate,” said EEOC Chair Andrea Lucas. “Title VII’s prohibition of race-based employment discrimination is colorblind and requires the EEOC to protect employees of all races from unlawful employment practices. 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.”

The EEOC filed the subpoena enforcement action in U.S. District Court for the Eastern District of Missouri (EEOC v. NIKE, Inc., Case No. 4:26-mc-00128) after first attempting to obtain voluntary compliance with its investigative requests.

For more information on DEI-related discrimination, visit: https://www.eeoc.gov/wysk/what-you-should-know-about-dei-related-discrimination-work.

The EEOC’s St. Louis District Office has jurisdiction over Missouri, Kansas, Oklahoma, Nebraska, and southern Illinois.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov.