Nike Faces Federal Probe Into Alleged Bias in Diversity and Hiring Programs

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Nike is under federal investigation for allegedly discriminating against white employees and job applicants through its diversity and hiring programs, according to court filings.

The Equal Employment Opportunity Commission (EEOC) said Wednesday that Nike has refused to fully comply with a subpoena seeking detailed information on its workforce and internal programs.

The EEOC's subpoenas request data on the racial and ethnic makeup of Nike's employees worldwide and a list of staff selected for mentoring and development programs.

The agency said it is investigating claims that white employees and applicants were disproportionately affected by layoffs or denied opportunities due to diversity initiatives.

"This feels like a surprising and unusual escalation," a Nike spokesperson told sources.

"We have had extensive, good-faith participation in an EEOC inquiry into our personnel practices, programs, and decisions. We have shared thousands of pages of information and detailed written responses and are in the process of providing additional information."

According to the AP News, Nike emphasized it follows "all applicable laws, including those that prohibit discrimination" and called itself a "proud American company" committed to fair employment practices.

The investigation, which does not stem from any individual complaint, was initiated through a commissioner's charge filed by EEOC Chair Andrea Lucas in May 2024.

Lucas has been a vocal critic of corporate Diversity, Equity, and Inclusion (DEI) programs, arguing that they can sometimes lead to race-based employment decisions prohibited under federal law.

Her office cited Nike's public statements and goals, including the company's 2021 commitment to achieve 35% racial and ethnic minority representation in its corporate workforce by 2025.

Nike DEI Policies Under EEOC Scrutiny

"When there are compelling indications that an employer's DEI programs may violate federal prohibitions against race discrimination, the EEOC will take all necessary steps — including subpoena actions — to ensure a comprehensive investigation," Lucas said in a statement.

The probe follows similar EEOC scrutiny of other large companies, including Northwestern Mutual. Conservative legal group America First Legal also played a role, having sent letters urging the EEOC to investigate Nike's diversity practices.

The announcement comes amid a period of corporate restructuring for Nike. Last week, the company said it plans to cut 775 jobs in US distribution centers to improve efficiency through automation, NYPost reported.

Nike has also implemented smaller workforce reductions over the past two years, affecting corporate staff and operational roles.

Nike insists its programs are designed to expand opportunities rather than limit them and said it will continue cooperating with the EEOC. "We take these matters seriously and are committed to fair and lawful employment practices," the spokesperson said.

Originally published on vcpost.com

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