EEOC Drops Subpoena Action Against Nike
The federal civil rights office has chosen to cease its subpoena enforcement action against Nike, indicating that the company has met the requirements for information in an investigation regarding its diversity and inclusion initiatives.
On Wednesday, the Equal Employment Opportunity Commission (EEOC) submitted a motion to dismiss in a federal court in Missouri, seven months after it had requested a court order compelling Nike to comply with the subpoena.
The EEOC noted in its filing that Nike had supplied “information and documents in response to subpoenas” from March to August, leaving no “remaining disputes” for the court to address.
A spokesperson for the EEOC stated that the agency was “satisfied that the company complied without a court order” following the enforcement action but did not offer additional specifics.
Nike opted not to comment on the situation.
Interestingly, Nike stands as one of the primary targets in a campaign led by EEOC Chair Andrea Lucas aimed at corporate diversity and inclusion policies, which some, notably during the Trump administration, have argued discriminate against white men and others.
Furthermore, the EEOC has also initiated a lawsuit against the New York Times, claiming discrimination against a white editor who was passed over for a position in favor of a multiracial woman. Back in December, Lucas urged white men on social media to take legal action if they face discrimination based on their race or gender.
Curiously, the investigation into Nike didn’t begin due to a worker’s complaint, but instead stemmed from a complaint filed by Mr. Lucas in May 2024. He alleged that Nike discriminated against white employees, pointing to the company’s promotional diversity programs, an increase of minorities in leadership roles, and a goal of making racial and ethnic minorities 35% of the workforce by 2025.
The enforcement of the subpoena against Nike revealed some details of the EEOC’s investigation, which is generally confidential unless it leads to fines, settlements, or public actions.
Documents from the court indicate that the EEOC was requesting information concerning Nike’s employment choices from previous years, including criteria for terminations, data on employee demographics, and details about programs alleged to offer race-specific coaching and career development opportunities.
Whether Nike provided all the requested information remains unclear.
In February, Nike described the lawsuit as “stunning and unusual escalation,” asserting that it had already submitted thousands of pages of information to the EEOC and was actively sharing more. The company argued in a court filing that many of the requests were excessively broad and burdensome, essentially likening them to a “road trip” in pursuit of any possibly incriminating evidence regarding employment decisions.
