The U.S. Equal Employment Opportunity Commission (“EEOC”) announced last week that it is investigating allegations that Nike, the athletic footwear and apparel company, intentionally discriminated against white employees and job applicants, including as a result of Nike’s various DEI initiatives.

The EEOC filed an action in federal court to compel Nike to comply with a subpoena the EEOC issued in September 2025 seeking information relating to the race discrimination allegations. The allegations, as set forth in a Charge of Discrimination filed by then-EEOC Commissioner Lucas (now the Chair of the EEOC) against Nike in 2024, claim that Nike engaged in multiple unlawful employment practices – many of which appear to stem from the company’s DEI programs and objectives – including race-based workforce representation quotas, providing access to training, development opportunities and mentoring based wholly or in part on race, and failing to hire, promote and/or otherwise discriminating against prospective and current employees based on race. In its motion, the EEOC asserted that Nike had failed to produce all of the information sought by the subpoena, which then prompted the agency to file the enforcement action in federal court.

Nike expressed surprise regarding the motion to compel, representing that it has been complying with its obligations and that the escalation by the EEOC was unwarranted.

The EEOC’s focus on Nike and its public motion to compel filing against Nike is consistent with the current administration’s emphasis that Title VII protects all employees, including those in a “majority” group, such as white and male employees. Moreover, EEOC Chair Andrea Lucas continues to emphasize that “DEI-related discrimination” is a focus for the EEOC under her leadership. You can read the EEOC’s press release about the action against Nike here: EEOC Files Subpoena Enforcement Action Against NIKE | U.S. Equal Employment Opportunity Commission

Employers should use this case as a reminder to audit DEI practices to ensure compliance with federal, state and local anti-discrimination laws.