Nike is being investigated in the United States over claims that it discriminated against white workers through its diversity and inclusion policies.
The US Equal Employment Opportunity Commission (EEOC) said on Wednesday that it had filed a court motion to compel Nike to produce information related to allegations of “intentional race discrimination” against white employees.
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The allegations relate to a suspected pattern of discrimination in “hiring, promotion, demotion, or separation decisions, including selection for layoffs; internship programs; and mentoring, leadership development and other career development programs”, EEOC said.
The agency said it took the action after Nike failed to respond to a subpoena for various information, including the criteria used in selecting employees for redundancies and setting executives’ pay.
EEOC chair, Andrea Lucas, an ardent critic of racial diversity initiatives who was appointed last year by President Donald Trump, said US anti-discrimination law is “colour-blind” and protects employees of “all races”.
“Thanks to President Trump’s commitment to enforcing our nation’s civil rights laws, the EEOC has renewed its focus on even-handed enforcement of Title VII,” Lucas said in a statement, referring to a section of the 1964 Civil Rights Act that prohibits employment discrimination based on race, colour, religion or sex.
A Nike spokesperson said the company supports fair employment practices and follows all applicable laws, calling the agency’s move a “surprising and unusual escalation”.
“We have had extensive, good-faith participation in an EEOC inquiry into our personnel practices, programmes, and decisions and have had ongoing efforts to provide information and engage constructively with the agency,” the spokesperson said.
“We have shared thousands of pages of information and detailed written responses to the EEOC’s inquiry and are in the process of providing additional information.”
The EEOC’s action is the latest move by the Trump administration to roll back policies promoting diversity, equity and inclusion (DEI) in the workplace.
In one of his first acts upon returning to the White House, Trump signed an executive order to abolish “radical” and “wasteful” DEI initiatives introduced under his predecessor, Joe Biden.
Like many corporate giants in the US, Nike publicly backed social justice causes such as Black Lives Matter prior to Trump’s re-election in 2024.
Between 2020 and 2021, Nike’s share of non-white employees rose more than four percentage points, the most among firms apart from healthcare provider Danaher, according to a Bloomberg analysis of company data reported to the EEOC.
