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EEOC Seeks Court Order to Enforce Subpoena in Nike DEI Discrimination Investigation

The filing aims to compel records for a Title VII review into whether Nike’s diversity targets produced unlawful race-based employment decisions.

Overview

  • Federal lawyers asked the U.S. District Court for the Eastern District of Missouri to require Nike to turn over documents after incomplete subpoena compliance.
  • Nike is under investigation for an alleged pattern of discrimination against white employees, applicants, and program participants across hiring, promotions, layoffs, and development opportunities.
  • The EEOC seeks records dating to 2018, including layoff selection criteria, use of race and ethnicity data linked to executive pay, and details on 16 programs alleged to be race-restricted.
  • Nike says it has cooperated in good faith, provided thousands of pages of materials, and characterized the legal move as a surprising and unusual escalation.
  • The inquiry stems from a commissioner’s charge filed by EEOC Chair Andrea Lucas in May 2024 following an America First Legal complaint, reflecting a broader Trump administration focus on scrutinizing corporate DEI; a judge’s ruling on enforcement will shape next steps.