Nike’s diversity policies have just triggered one of the most far-reaching federal workplace investigations in years. A U.S. civil rights agency is demanding internal data that few companies ever have to hand over.
The dispute is not about public slogans, but about how hiring, layoffs, and promotions actually worked. It places a household brand at the center of a national fight over race and fairness at work. This could reshape corporate HR practices beyond Nike.
The Equal Employment Opportunity Commission (EEOC) enforces the 1964 Civil Rights Act, which bans employment decisions based on race, sex, religion, and other protected traits.
The agency is examining whether Nike’s diversity, equity, and inclusion programs disadvantaged white employees or applicants. Investigators are seeking workforce race data, layoff criteria, and records on mentoring and leadership programs.
The EEOC issued a broad subpoena covering several years of internal records. Nike says it has already produced thousands of pages of documents and written responses. The company called the escalation “surprising and unusual,” but insists its policies comply with the law.
The investigation began with a rare commissioner’s charge filed in May 2024 by EEOC Chair Andrea Lucas. That move allowed the agency to act without an employee complaint. Court filings show the charge relied heavily on Nike’s public diversity commitments, including a 2021 goal to raise minority representation in its corporate workforce by 2025.
Many U.S. companies adopted similar targets after the 2020 racial justice protests, describing them as goals rather than quotas. Lucas has argued that some DEI practices can cross legal lines if managers feel pressure to make race-based decisions.
The EEOC is also pursuing a comparable subpoena against Northwestern Mutual over related allegations. The agency is seeking personal information for employees considered for 2024 layoffs, according to court filings.
Nike conducted significant job cuts that year. The company says it is continuing to cooperate with investigators.
