Federal employment regulators are examining whether Nike’s diversity commitments discriminated against white employees, testing legal boundaries of workplace equity programs and potentially exposing similar initiatives across the sporting goods industry to enforcement risk.
Nike is facing a federal investigation over allegations that its diversity programs discriminated against white workers, marking one of the highest-profile corporate targets in a broader regulatory shift examining whether workplace equity initiatives violate employment law.
The Equal Employment Opportunity Commission (EEOC) filed a subpoena enforcement action in a Missouri federal court on Feb. 4 demanding that Nike turn over extensive records dating to 2018, including layoff selection criteria, tracking of race and ethnicity data, and details on programs that allegedly provided race-restricted mentoring and career development opportunities.
The investigation does not stem from employee complaints. Instead, EEOC Chair Andrea Lucas initiated it through a commissioner’s charge in May 2024, a rarely used mechanism that allows agency leadership to launch investigations based on publicly available information. Lucas filed the charge months after America First Legal, a conservative organization founded by Trump adviser Stephen Miller, urged the EEOC to examine Nike’s diversity commitments.
Nike’s response and compliance dispute
Nike described the subpoena enforcement as a “surprising and unusual escalation” after what it characterized as extensive cooperation, according to several reports. The company said it submitted thousands of pages of documentation and detailed written responses over 13 months of inquiries. It confirmed in an email to HR Dive that “the company would respond to EEOC’s petition.”
The EEOC counters that Nike failed to fully comply with information requests, delaying the investigation into alleged unlawful practices. The agency is seeking records on hiring, promotion, and training practices, as well as personal information about employees evaluated for layoffs during Nike’s 2024 workforce reductions.
Nike maintains it follows all discrimination laws and believes its programs comply with legal obligations. The company has argued the investigation should be dropped because it is being questioned about policies the EEOC previously endorsed under different leadership.
Go deeper
- U.S. Equal Employment Opportunity Commission Newsroom: EEOC Files Subpoena Enforcement Action Against NIKE, Feb. 4, 2026
- U.S. Equal Employment Opportunity Commission: What You Should Know About DEI-Related Discrimination at Work
