EEOC Demands Records And Details
Nike is under investigation by the US government over claims that the company discriminated against white workers, after the Equal Employment Opportunity Commission said it had demanded records from the footwear group dating back to 2018.
The EEOC, which enforces workplace discrimination laws, said on Wednesday that it is seeking documents including information on the company’s use of race and ethnicity data and whether such data influenced executive pay. Court documents show the agency is examining claims that Nike engaged “in a pattern or practice of disparate treatment against white employees, applicants, and training program participants.”
Nike said it was “committed to fair and lawful employment practices” and described the inquiry as “a surprising and unusual escalation.” In a statement, the company said it follows all laws against discrimination. “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,” it said.
Origins Of The Complaint And Subpoena Dispute
The EEOC said its investigation was triggered by a 2024 complaint from America First Legal, a partisan organisation founded by Trump adviser Stephen Miller, which lists “dismantling diversity, equity and inclusion” as a top priority.
In its subpoena request, the agency said Nike had not fully responded to earlier demands for information about hiring, training, and promotion practices, as well as targets related to racial and ethnic minorities. According to court filings, those requests began 13 months ago and included an earlier subpoena.
“Nike’s failure to comply … has delayed and hampered the EEOC’s investigation of alleged unlawful employment practices,” the documents said. Nike said it has already provided thousands of pages of material to the commission and has argued that the investigation should be dropped because it is being questioned over diversity policies that the agency had previously supported.
Political Context And Shift In Focus
The decision to pursue Nike, a high-profile consumer brand, is among the first major actions taken by the EEOC under US President Donald Trump, who has criticised diversity initiatives and said they amount to “reverse discrimination.”
The EEOC was created under the 1964 Civil Rights Act, but the White House has sought to steer the agency away from its traditional focus on discrimination affecting minority groups and women. Andrea Lucas, the chair of the EEOC, has said that many common workplace programmes may violate US law and has invited white men to bring forward complaints.
As part of the Nike subpoena, the agency is seeking extensive information, including personal details of “all employees considered or evaluated for potential layoff” during the company’s 2024 job cuts, according to court filings.
Wider Legal Push And External Criticism
The EEOC is also involved in a similar legal dispute with Northwestern Mutual Life Insurance, which has said the commission failed to clearly explain what the company was alleged to have done wrong.
Michael Foreman, director of the Civil Rights Appellate Clinic at Penn State Dickinson Law, said the Nike inquiry reflects “more of EEOC’s consistent pattern of basically being the bully pulpit for the Trump administration,” in an effort to discourage strong diversity efforts. He questioned why other forms of discrimination were not receiving the same attention. “What about discrimination based upon minority status? Based upon national origin?” he said, adding that these issues remain widespread but are not being addressed by the agency.
Featured image credits: Pexels
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