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Nike hit with federal employment probe into allegations of anti-White discrimination

The Equal Employment Opportunity Commission announced an investigation Wednesday into allegations that Nike discriminated against White employees and applicants in pursuit of the company’s diversity targets.

The agency filed a subpoena enforcement action in federal court in Missouri to compel the company to produce information related to its DEI programs “after first attempting to obtain voluntary compliance with its investigative requests.”

The investigation centers on “systemic allegations of DEI-related intentional race discrimination,” including claims of unlawful anti-White racial bias in training, hiring, promotions, demotions, layoffs, internships, mentoring and leadership development.

EEOC chair Andrea Lucas, who was designated by President Trump to head the agency in November, said the agency has “renewed its focus on evenhanded enforcement of Title VII,” the federal civil-rights law that prohibits discrimination in employment.

“When there are compelling indications, including corporate admissions in extensive public materials, that an employer’s Diversity, Equity, and Inclusion-related programs may violate federal prohibitions against race discrimination or other forms of unlawful discrimination, the EEOC will take all necessary steps — including subpoena enforcement actions — to ensure the opportunity to fully and comprehensively investigate,” said Ms. Lucas in a statement.

A Republican, Ms. Lucas has served on the commission since being nominated by Mr. Trump during his first term in 2020.

Under the subpoena, the agency sought information dating back to 2018 on the company’s criteria in choosing employees for layoffs; tracking employee race and ethnicity as a factor on deciding executive compensation; and 16 programs in mentoring, leadership or career development accused of using race as a factor. 

In a statement, Nike took issue with the enforcement action, saying it “feels like a surprising and unusual escalation.”

“We have had extensive, good-faith participation in an EEOC inquiry into our personnel practices, programs, and decisions and have had ongoing efforts to provide information and engage constructively with the agency,” a company 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 spokesperson added: “We are committed to fair and lawful employment practices and follow all applicable laws, including those that prohibit discrimination.”

Nike has been pilloried for years on the right for its advertising, including its 2018 ad campaign celebrating former NFL quarterback Colin Kaepernick for kneeling during the national anthem to protest racism and police brutality.

Nike has also supported allowing athletes to compete based on gender identity as part of its 2023 No Pride, No Sport campaign, prompting a backlash from advocates for fairness in women’s sports.



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