US probes Nike over white workers discrimination claims

Nike is under investigation by the US government over claims the footwear giant discriminated against white workers.

The Equal Employment Opportunity Commission (EEOC), which enforces workplace discrimination laws, announced on Wednesday it has demanded company records going back to 2018, including the use of race and ethnicity data, and whether such information influenced executive pay.

Court documents show it is examining claims the firm engaged "in a pattern or practice of disparate treatment against white employees, applicants, and training program participants".

Nike said it was "committed to fair and lawful employment practices", calling the inquiry "a surprising and unusual escalation".

In a statement, the company said it followed all laws against 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."

The decision to go to battle with Nike, a high-profile consumer brand, is one of the first major actions the EEOC has taken under US President Donald Trump, who has attacked diversity initiatives, saying they amount to "reverse discrimination".

The EEOC said its investigation was sparked by a 2024 complaint from America First Legal, a partisan organisation founded by Trump adviser Stephen Miller that identifies "dismantling diversity, equity and inclusion" or DEI as a top priority.

In its subpoena request, the EEOC said Nike had failed to fully respond to requests seeking information about the firm's hiring, training and promotion practices, as well as hiring goals for racial and ethnic minorities.

Those requests started 13 months ago and included a prior subpoena, according to the court filing.

"Nike's failure to comply ... has delayed and hampered the EEOC's investigation of alleged unlawful employment practices," court documents stated.

Nike said it had already submitted thousands of pages of information to the EEOC in response to its inquiries.

It has argued the investigation should be dropped because the company is being questioned about diversity policies that the federal agency previously supported.

The EEOC was created as part of the 1964 Civil Rights Act.

But the White House has sought to redirect the commission away from its historic focus on bias affecting minority groups and women.

Andrea Lucas, the chair of the EEOC, has previously said many standard workplace programmes may potentially violate US laws and invited white men to come forward with complaints.

The agency is seeking extensive information as part of the Nike subpoena, including personal information of "all employees considered or evaluated for potential layoff" during the company's 2024 job cuts, according to the court filing.

The EEOC is engaged in a similar battle with Northwestern Mutual Life Insurance, which said, in its response, the commission had failed to identify clearly what the firm was doing wrong.

Michael Foreman, director of the Civil Rights Appellate Clinic at Penn State Dickinson Law, called the Nike inquiry "more of EEOC's consistent pattern of basically being the bully pulpit for the Trump administration", in an attempt to discourage strong diversity efforts.

"What about discrimination based upon minority status? Based upon national origin?

"These other types of discrimination that are so prevalent are going unaddressed by this agency," he added.

Additional reporting by Danielle Kaye