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EEOC Subpoena Forces Nike to Defend DEI‑Driven Hiring and Recent Layoffs

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EEOC Subpoena Demands Nike’s Hiring and Layoff Records On Feb 4 2026 the Equal Employment Opportunity Commission filed a motion in a Missouri federal court to compel Nike to produce documents dating back to 2018, including race‑and‑ethnicity data, executive compensation details, and criteria used for the 2024 layoff round; the filing alleges a “pattern or practice” of disparate treatment against white employees, applicants, and trainees and was lodged in the Eastern District of Missouri where Nike operates only four retail stores [1][2][3][4].

DEI Targets and Exceeded Quotas Trigger Discrimination Claims Nike’s five‑year Diversity, Equity and Inclusion plan set a 30 % minority representation goal for director‑level roles and 35 % across its U.S. corporate workforce; by 2025 the company surpassed those thresholds by 4 % and 6 % respectively, prompting the EEOC to argue that the targets produced race‑restricted mentoring and career‑development programs that violate Title VII [2][3][1]; the complaint originated from the conservative group America First Legal, which sent a letter to the EEOC in May 2024, and EEOC chair Andrea Lucas filed a commissioner’s charge without a worker complaint [3][4].

Nike Responds, Labels Subpoena Unusual While Cooperating Nike said it has already supplied “thousands of pages of information and detailed written responses,” describing the subpoena as a “surprising and unusual escalation” while reaffirming its commitment to lawful hiring practices [1][2][3]; the company also noted a recent layoff of 775 workers, primarily at distribution centers in Tennessee and Mississippi announced in January 2026 [2].

Political Context: Andrea Lucas and America First Legal Influence Andrea Lucas, appointed by former President Donald Trump, leads the EEOC and has publicly urged white men to file discrimination complaints, reflecting a shift away from traditional minority‑focused enforcement [1][4]; America First Legal, founded by former Trump adviser Stephen Miller, has pressured the EEOC to target DEI programs, a strategy scholars criticize as a “bully pulpit” for the current administration [3][4]; Nike is the most high‑profile company in a new wave of EEOC anti‑DEI investigations following a subpoena to Northwestern Mutual in November 2025 [3].

Sources

Timeline

2016 – Nike launches a controversial ad featuring Colin Kaepernick, signaling the brand’s willingness to engage in contentious social‑political issues and setting a precedent for future DEI‑related controversies. [4]

2021 – Nike unveils a five‑year DEI plan that sets a 35 % minority representation goal for its U.S. corporate workforce and a 30 % quota for director‑level roles, establishing the metrics that later become the focus of EEOC scrutiny. [3]

May 2024 – EEOC Chair Andrea Lucas files a commissioner’s charge against Nike after a letter from America First Legal, alleging the company’s DEI targets create “disparate treatment” of white workers and invoking a rarely used investigative tool. [2]

Nov 2024 – The EEOC issues its first anti‑DEI subpoena to Northwestern Mutual, marking the start of a new wave of investigations that later expands to include Nike as the highest‑profile target. [2]

Jan 2025 – Nike announces a layoff of 775 employees, primarily at Tennessee and Mississippi distribution centers, after reporting that it exceeded its DEI goals by 4 % for overall workforce and 6 % for director‑level representation. [3]

Feb 4 2026 – The EEOC serves Nike with a subpoena demanding all records from 2018 onward, including race‑ethnicity data, executive compensation, layoff criteria, and details of 16 alleged race‑restricted mentoring programs, and asks a Missouri court to compel compliance. [1][3][4]

Feb 4 2026 – EEOC Chair Lucas warns that DEI programs that create “compelling indications” of race‑based hiring or promotion decisions may violate Title VII, reflecting a policy shift toward stricter enforcement of anti‑discrimination law. [2]

Feb 4 2026 – Nike calls the subpoena “a surprising and unusual escalation,” noting it has already supplied “thousands of pages of information and detailed written responses” and pledges continued cooperation. [3][4]

Feb 5 2026 – The EEOC formally launches its investigation into Nike’s DEI practices, seeking criteria for the 2024 layoffs, employee race‑ethnicity data, and any race‑restricted mentoring or career‑development programs. [2]

Feb 5 2026 – Legal scholars criticize the probe as a “bully pulpit” for the Trump administration, underscoring the broader political pressure on corporate DEI initiatives. [1]

2026 and beyond – The EEOC signals it will keep using subpoenas and other enforcement tools to address DEI programs that appear to discriminate on the basis of race, indicating ongoing federal scrutiny of corporate diversity policies. [2]

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