The U.S. Equal Employment Opportunity Commission (EEOC) on Wednesday filed an action for enforcement of an EEOC administrative subpoena against Nike Inc., seeking the production of documents in connection to a discrimination probe.

The action, filed in a federal district court in St. Louis, was brought pursuant to Sections 709 and 710 of Title VII of the Civil Rights Act of 1964 in connection with alleged unlawful employment practices. The EEOC is probing “systemic allegations” involving DEI-related intentional race discrimination against White employees and job applicants. The documents the EEOC are seeking include Nike’s Diversity, Equity, and Inclusion-related 2025 Targets and other DEI-related objectives.

“This 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 Nike spokesperson said in a statement to Footwear News. “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: “Nike is a proud American company focused on bringing inspiration and innovation to every athlete in the world. As we enter an unprecedented season of sport in this country and around the world, this mission has renewed importance and urgency and it’s what we’re focused on.”

The spokesperson emphasized that Nike is committed to fair and lawful employment practices and follows all applicable laws, “including those that prohibit discrimination.” This individual added: “We believe our programs and practices are consistent with those obligations and take these matters seriously. We will continue our attempt to cooperate with the EEOC and will respond to the petition.” 

According to Wednesday’s court filing, the document said that on May 24, 2024, then EEOC Commissioner (now Chair) Andrea R. Lucas issued Charge No. 551-2024-04996, alleging that the athletic shoe and apparel giant may have violated Title VII through its engagement in a “pattern or practice of disparate treatment against White employees, applicants, and training program participants” in hiring, promotion, demotion or separation decisions, internship programs, mentoring and leadership development, among other career development programs. The Charge also alleged that Nike had “race-based workforce representation quotas.”

The document also said that between December 2024 and June 2025, the EEOC issued three requests to Nike for information, but that the athletic firm was determined to have “failed to fully provide the information sought in the requests,” noting that also that the EEOC also sought “additional information” to further its investigation.

In a statement Wednesday, the EEOC said some of the requests for information go back to 2018.

“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 EEOC Chair Andrea Lucas.

DEI policies provide an organizational framework designed to ensure fair and equal treatment and equal opportunity for all employees.

But critics have argued that these policies and programs can foster reverse discrimination. There are also concerns that these practices might prioritize certain groups over individual merit. In response to the criticisms, some companies over the past two years have started rolling back their DEI policies. That shift also was in line with a U.S. Supreme Court decision in 2023 that shot down affirmative action in college admissions.

Among the retailers, Walmart in November 2024 was targeted by Robby Starbuck and it worked out solutions with the “anti-woke” activist wherein the discounter further moved away from the idea of DEI and special treatment in favor of the concept of belonging.

After U.S. President Donald Trump took office in January 2025, he began dismantling the federal government’s DEI programs in favor of a merit-based focus. That same month saw Walmart competitor Target Corp. make its own series of moves to rollback DEI as it embraced belonging.

“Thanks to President Trump’s commitment to enforcing our nation’s civil rights laws, the EEOC has renewed its focus on evenhanded enforcement of Title VII,” Lucas said on Wednesday.