The Equal Employment Opportunity Commission (EEOC) has withdrawn its subpoena enforcement action against Nike. This decision comes after Nike provided requested information during an investigation into its diversity and inclusion policies.
The EEOC submitted a motion to dismiss in a Missouri federal court. This took place seven months after it initially sought the court’s intervention to ensure Nike’s full compliance. Between March and August, Nike shared the necessary details and documents related to the subpoena, effectively resolving the matter at hand.
An EEOC spokesperson expressed satisfaction with Nike’s cooperation, which occurred without the need for a court mandate. However, further details were not disclosed. Nike did not comment on the situation.
This case is part of EEOC Chair Andrea Lucas’ initiative targeting corporate diversity and inclusion practices. She argues these practices may discriminate against white males and others. The EEOC filed another lawsuit against The New York Times, alleging discrimination against a white editor.
Lucas, in December, urged white men to report discrimination based on race or sex through a social media post. The investigation into Nike originated from a complaint Lucas filed herself, not from an employee charge. She alleged that Nike discriminated against white employees, citing its public goals for increased diversity among leadership and its workforce by 2025.
Nike’s compliance illustrates a rare public insight into the EEOC’s usually confidential investigative processes. The agency has been scrutinizing Nike’s historical employment practices. They requested data on layoff criteria, tracking and use of worker race and ethnicity data, and information on programs allegedly limiting mentorship and career development by race.
The resolution of this investigation remains uncertain, as it is unclear if Nike met all of the EEOC’s demands. Earlier this year, Nike described the legal action as unexpected, asserting they already provided thousands of pages to the EEOC and were in the process of delivering more. They criticized the EEOC’s queries as excessively wide-ranging, likening them to a speculative search for evidence of misconduct.
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