EEOC files subpoena enforcement action against Nike

The U.S. Equal Employment Opportunity Commission announced that the federal agency filed an action in federal court to compel Nike (NKE) 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, the EEOC said. (https://www.eeoc.gov/newsroom/eeoc-files-subpoena-enforcement-action-against-nike)