Nike and DEI Fall into the Crosshairs of the New EEOC
The U.S. Equal Employment Opportunity Commission (EEOC) opened an investigation into sportswear company Nike for “systemic allegations of DEI-related intentional race discrimination.” The investigation will seek to ascertain if the company discriminated against white employees.
“It appears to be the first time that the commission has said diversity, equity and inclusion practices in workplaces can amount to discrimination against white people,” The New York Times reported.
The EEOC subpoenaed Nike in September 2025, and court filings that became public on 4 February indicated that the company was resisting the subpoena.
“The EEOC seeks information directly relevant to the allegations that Nike subjected white employees, applicants, and training program participants to disparate treatment based on race in various employment decisions, including layoffs, internship programs, and mentoring, leadership development, and other career development programs,” the EEOC said in its court motion.
Nike said it has and would continue to work with the EEOC in its investigation.
“This feels like a surprising and unusual escalation,” Nike said in response to the motion. “We have had extensive, good-faith participation in an EEOC inquiry into our personnel practices, programs, and decisions and have had ongoing efforts to provide information and engage constructively with the agency.”
Since issuing executive orders excoriating DEI initiatives in the first few days of his term a year ago, U.S. President Donald Trump and his administration have continued to aggressively push an anti-DEI agenda. Companies that see their DEI programs as beneficial have worked to recast their initiatives in ways that continue to pursue many of the goals and values of DEI but that will not run afoul of the administration.
For example, Security Management reported in March that The Conference Board changed the name of its DEI program to “Opportunity and Access.” Other organizations have shifted emphasis to areas less likely to be controversial, such as workplace culture, rather than championing diverse hiring initiatives.
Andrea Lucas took over as chair of the EEOC when Trump started his second term, first as acting chair, then becoming full-time chair on 6 November 2025.
A fierce opponent of DEI initiatives, Lucas drew controversy when in December she released a video in the style of personal injury law firm television commercials that asked, “Are you a white male who has experienced discrimination at work based on your race or sex? You may have a claim to recover money under federal civil rights laws.”
The EEOC website now contains a how-to on filing a grievance for people who believe they have been discriminated against based on a company’s DEI program.
While serving as the lone Republican on the three-seat EEOC panel in 2024, Lucas filed a discrimination charge against Nike. The recent court revelations stem from that charge.
