Sportswear giant Nike has labelled a US government investigation into allegations of discrimination against white employees “a surprising and unusual escalation”.
The Equal Employment Opportunity Commission (EEOC), which enforces workplace discrimination laws in the US, announced overnight it had demanded Nike company records dating back to 2018, including the use of race and ethnicity data, and whether such information influenced executive pay, according to multiple reports.
Filings in court show it is investigating claims that Nike engaged in what it called a “pattern or practice of disparate treatment against white employees, applicants, and training program participants”.
In a statement, Nike said that it followed all US laws against discrimination and was “committed to fair and lawful employment practices”.
“We believe our programs and practices are consistent with those obligations and take these matters seriously. We will continue our attempt to cooperate with the EEOC and will respond to the petition,” it added.
The decision to investigate Nike is one of the first major actions the EEOC has taken in US President Donald Trump’s second term. The president has attacked diversity initiatives and said they amount to “reverse discrimination”.
The EEOC said its probe was sparked by a 2024 complaint by America First Legal, a partisan organisation founded by Trump adviser Stephen Miller. The organisation has made clear that it sees “dismantling diversity, equity and inclusion” as its top priority.
In its subpoena, the EEOC said Nike had failed to respond to requests fully for information about its hiring, training and promotion practices, as well as its hiring goals for racial and ethnic minorities.
“Nike’s failure to comply…has delayed and hampered the EEOC’s investigation of alleged unlawful employment practices,” court documents stated.
Nike refuted these claims and said it had already submitted thousands of pages to the EEOC in response to its requests.
It has argued that the investigation should be dropped because it was questioned about diversity policies that the EEOC itself previously supported.
The EEOC was created as part of the 1964 Civil Rights Act.
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