The Trump administration has opened a federal investigation into Nike over claims that the company’s diversity programs may have unfairly treated white employees.
The Equal Employment Opportunity Commission revealed the inquiry Wednesday, saying it is examining whether the sportswear giant’s internal policies and programs have violated anti-discrimination laws.
According to court filings in Missouri, the EEOC has issued a subpoena requiring Nike to provide details on how employees were chosen for layoffs, how the company collects and uses race and ethnicity data, and information about programs that may have offered mentoring, leadership, or career development opportunities limited by race.
Nike responded by saying it has cooperated with the EEOC and called the subpoena an unusual escalation. A company spokesperson said Nike is committed to following all laws and reviewing the requests carefully.
EEOC Chair Jessica Lucas stated that when there are indications that diversity and inclusion programs may conflict with federal anti-discrimination laws, the agency will act to ensure a full investigation. This statement highlights the agency’s commitment to reviewing cases even when no worker has filed a complaint.
The investigation follows a social media post by Lucas two months ago, urging white men who believe they faced workplace discrimination to come forward. She encouraged workers to contact the EEOC and consult guidance on race-related employment issues.
Interestingly, this probe does not originate from a worker complaint. Lucas filed what is called a commissioner’s charge in May 2024, a tool that allows the EEOC to initiate investigations on its own. The move came shortly after America First Legal, a conservative legal group founded by former Trump adviser Stephen Miller, sent letters to the EEOC urging scrutiny of Nike’s diversity practices.
America First Legal has sent similar letters targeting other major companies in recent years, though it is not clear which, if any, are under active review. EEOC rules prevent the agency from disclosing ongoing investigations unless they result in fines, settlements, or public legal action.
Lucas’ charge references Nike’s public diversity commitments, such as the company’s goal in 2021 to have 35% of its corporate workforce represented by racial and ethnic minorities by 2025. Many companies made similar pledges after the nationwide protests following George Floyd’s death in 2020. These goals were intended to improve recruitment and reduce bias rather than impose quotas, experts say.
Under federal law, employers cannot make hiring, firing, or promotion decisions based on race. Lucas has warned that some corporate diversity programs could cross that line if they pressure managers to consider race in employment decisions.
Nike maintains that its programs comply with all applicable laws. The company said it takes these matters seriously and will continue to cooperate with the EEOC.