‘A Surprising Escalation’: Trump Agency Steps Up Probe Into Alleged Discrimination Against White Workers at Nike
Feb 05, 2026
The U.S. Equal Employment Opportunity Commission (EEOC) announced Wednesday it is ratcheting up its ongoing investigation into alleged race discrimination against white employees at sports shoe and apparel giant Nike.
On Feb. 4, the EEOC filed an action in federal court in Missouri to compel NIKE
, Inc. to produce information related to allegations of “intentional race discrimination” related to its Diversity, Equity and Inclusion (DEI) 2025 targets and other diversity efforts.
: A giant sculpture reads “Do the right thing,” at the Nike headquarters on March 22, 2018, in Beaverton, Oregon. (Photo by Natalie Behring/Getty Images)
The investigation, disclosed this week when the EEOC filed the motion to force Nike to comply with a subpoena from September, is the first major legal action that the commission has announced under its chair, Andrea Lucas, who has made DEI programs a target since taking the role last year, reported The New York Times.
Lucas filed a discrimination charge against Nike in May 2024, when she was a commissioner at the EEOC, according to court documents filed with the motion. Nike has since fought the subpoena and made only partial responses to requests for information, the agency said.
The EEOC’s motion says it is investigating allegations that Nike may have engaged in “a pattern or practice of disparate treatment against white employees, applicants and training program participants in hiring, promotion, demotion, or separation decisions, including selection for layoffs; internship programs; and mentoring, leadership development and other career development programs.”
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The EEOC’s investigation and subpoena seek information from Nike going back to 2018, including criteria used in selecting employees for layoffs; information related to the company’s tracking and use of worker race and ethnicity data, including as a factor in setting executive compensation; and information about 16 programs that allegedly provided race-restricted mentoring, leadership, or career development opportunities.
Nike was among many American companies that made a push to increase racial and gender diversity following the #MeToo movement and the murder of George Floyd in 2020, noted Bloomberg News. Nike hired a new chief diversity officer and pledged to invest $40 million over four years to support organizations focused on social justice and racial equity in the U.S.
In 2021, Nike presented a five-year plan for a more diverse workforce, reported the Times. Management tied some executive compensation to diversity objectives, including putting more women in leadership positions and a target of 35 percent representation of racial minorities in its U.S. workforce.
In its most recently released corporate sustainability report from 2023, Nike said it had doubled investments in professional development programs for minorities in the United States and was operating a program to attract a diverse set of suppliers, accounting for more than $1 billion in spending that year.
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. Contact the @USEEOC as soon as possible.The EEOC is committed to identifying, attacking, and eliminating ALL race… pic.twitter.com/BYjbld5zdv— EEOC Chair Andrea Lucas (@andrealucasEEOC) December 17, 2025
Nike did not release a report for 2024 last year but said it remained committed to those diversity targets, the Times noted.
The political and legal landscape for DEI efforts has changed dramatically during the second Trump administration, which has dismantled much of the federal DEI infrastructure through executive orders, treating most initiatives as illegal discrimination, and defunding programs at universities and government agencies.The shift in federal policy has also been propelled by a U.S. Supreme Court decision in 2023 that prohibited consideration of race in college admissions.
“When there are compelling indications, including corporate admissions in extensive public materials, that an employer’s Diversity, Equity, and Inclusion-related programs may violate federal prohibitions against race discrimination or other forms of unlawful discrimination, the EEOC will take all necessary steps—including subpoena enforcement actions—to ensure the opportunity to fully and comprehensively investigate,” Lucas said in a statement.
“Title VII’s prohibition of race-based employment discrimination is colorblind and requires the EEOC to protect employees of all races from unlawful employment practices,” she said. “Thanks to President Trump’s commitment to enforcing our nation’s civil rights laws, the EEOC has renewed its focus on evenhanded enforcement on Title VII.”
Lucas has been leading the Trump administration’s anti-DEI charge against American companies. In March, she asked 20 law firms for more details on their DEI policies, reported Axios.
In December, Lucas invited aggrieved white men to pursue legal action against their employers on social media platforms, including X:
“Are you a white male who has experienced discrimination at work based on your race or sex?” she asked. “You may have a claim to recover money under federal civil rights laws.”
Last week, Nike’s lawyers filed a written response to the EEOC subpoena, arguing that it should be revoked “because its itemized requests are unduly burdensome, vague, overbroad, disproportionate to the needs of the investigation, seek irrelevant and time-barred information, and constitute an impermissible fishing expedition,” reported CNN.
“This feels like a surprising and unusual escalation,” a Nike spokesperson said of the EEOC’s latest motion in a statement on Wednesday. “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. 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.”
Noting that Nike is “a proud American company focused on bringing inspiration and innovation to every athlete in the world,” the statement continued, “We are committed to fair and lawful employment practices and follow all applicable laws, including those that prohibit discrimination. 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.”
‘A Surprising Escalation’: Trump Agency Steps Up Probe Into Alleged Discrimination Against White Workers at Nike
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