Federal Probe Targets Nike Over Alleged Discrimination Against White Workers

2026-02-05 companies

Beaverton, Thursday, 5 February 2026.
The EEOC has subpoenaed Nike for records dating back to 2018, investigating allegations that the company’s diversity mandates systematically discriminated against white employees in layoffs and promotions.

Details of the Federal Subpoena

On Wednesday, February 4, 2026, the Equal Employment Opportunity Commission (EEOC) filed a motion in federal court in Missouri to enforce a subpoena against Nike (NKE) [1][2]. The regulatory body is investigating whether the athletic apparel giant engaged in a “pattern or practice” of disparate treatment against white employees, applicants, and participants in training programs [6][8]. The probe specifically scrutinizes employment decisions ranging from hiring and promotions to executive compensation and separations [8]. Investigators are demanding the turnover of records dating back to 2018, seeking criteria used to select employees for layoffs during the company’s 2024 restructuring and data on how the corporation tracks race and ethnicity [1][3][8].

A Strategic Shift in Enforcement

This investigation represents a distinct departure from standard EEOC procedures, which typically originate from individual worker complaints. Instead, this case stems from a “commissioner’s charge” filed in May 2024 by Andrea Lucas, who was subsequently appointed Chair of the EEOC by President Trump in 2025 [1][5][7]. The move follows a formal complaint submitted to the agency by America First Legal, an organization founded by Stephen Miller, which urged the commission to investigate Nike’s diversity practices [1][3]. Lucas has publicly stated her prioritization of addressing race and sex discrimination arising from corporate Diversity, Equity, and Inclusion (DEI) programs, marking a significant pivot in the agency’s enforcement agenda [2][4].

Corporate Defense and Industry Implications

Nike has vigorously objected to the subpoena, characterizing the EEOC’s legal escalation as “surprising and unusual” [5][8]. A company spokesperson asserted that Nike has already engaged in extensive, good-faith cooperation, providing “thousands of pages of information” and detailed written responses to the inquiry [1][5]. The company maintains that its employment practices are lawful and that it is committed to fair treatment for all employees, rejecting the premise that its diversity goals conflict with anti-discrimination obligations [5][8].

Sources

Nike DEI