Nike faces US probe over claims its diversity policies discriminated against white staff

Nike is under investigation in the United States after federal regulators accused the sportswear giant of potentially discriminating against white employees through its diversity and inclusion policies, marking another flashpoint in Washington’s widening pushback against corporate DEI programmes.

The US Equal Employment Opportunity Commission said on Wednesday that it had filed a court motion seeking to compel Nike to hand over information linked to allegations of “intentional race discrimination” against white workers. The inquiry centres on whether the company engaged in a broader pattern of bias across core employment decisions.

According to the agency, the claims relate to possible discrimination in “hiring, promotion, demotion, or separation decisions, including selection for layoffs; internship programs; and mentoring, leadership development and other career development programs”.

The move follows Nike’s failure, in the EEOC’s view, to comply with a subpoena demanding records such as the criteria used for redundancy decisions and how executive pay was determined. The escalation signals that regulators believe voluntary cooperation has stalled.

The investigation is being overseen by EEOC chair Andrea Lucas, a vocal critic of race-based diversity initiatives who was appointed last year by Donald Trump. Lucas framed the action as a straightforward enforcement of existing civil rights law.

“US anti-discrimination law is ‘colour-blind’ and protects employees of ‘all races’,” Lucas said. “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.”

Nike pushed back against the agency’s characterisation, saying it had engaged extensively with regulators and complied with the law. A company spokesperson described the legal action as 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 case fits into a broader political shift under Trump’s second term, as his administration moves to dismantle policies promoting diversity, equity and inclusion across government and the private sector. One of Trump’s first acts after returning to office was signing an executive order aimed at abolishing what he called “radical” and “wasteful” DEI initiatives introduced under former President Joe Biden.

Nike, like many major US corporations, had previously positioned itself as a supporter of social justice causes, including Black Lives Matter, particularly in the years following 2020. Company data later showed a noticeable change in workforce composition. Between 2020 and 2021, Nike’s share of non-white employees increased by more than four percentage points, one of the largest jumps among major US firms, according to a Bloomberg analysis of disclosures submitted to the EEOC.