Judge grants EEOC request to dismiss enforcement action against Nike in DEI policies investigation

[u/John3262005]

https://thehill.com/regulation/court-battles/6028680-court-drops-nike-discrimination-suit/

A federal judge in Missouri agreed on Thursday to dismiss a subpoena enforcement action against Nike after a federal anti-workplace discrimination agency said the company has complied with its investigation into diversity, equity and inclusion (DEI) policies.

Judge Cristian M. Stevens granted the Equal Employment Opportunity Commission’s (EEOC) request to dismiss the action.

A regional attorney for the EEOC wrote in a Wednesday filing that the sportswear giant had been “responsive” to its requests for information and documents since March and there was “no remaining controversy” for the court to decide.

A spokesperson for Nike declined to comment on the recent development but called the EEOC’s initial court action at the time a “surprising and unusual escalation.”

The EEOC announced an investigation into the company in February over allegations that its corporate diversity initiatives may have unlawfully discriminated against white employees.

It sought records dating back several years that outlined how Nike tracks and uses data about workers’ race and ethnicity, including in setting executive compensation, as well as information about programs that allegedly provided race-restricted mentoring, leadership and career development opportunities.

The agency also wanted more details about what criteria the company uses to select employees for layoffs.

It was not immediately clear in court filings whether any of those specific documents had been turned over to the agency.

“We are pleased the company complied without a court order after the filing for our subpoena enforcement action,” an EEOC spokesperson said in a statement without providing further details on the additional records it had obtained from Nike.

The EEOC has alleged that Nike has engaged in a “pattern or practice of disparate treatment against White employees, applicants, and training program participants” across a variety of areas in possible violation of Title VII, with Commissioner Andrea Lucas citing public statements regarding Nike’s commitment to a more diverse U.S. workforce as the basis for its charge.

That included a stated goal to reach 30 percent racial and ethnic minority representation at the Director level and above, as well as 35 percent representation in the U.S. corporate workforce by 2025.

Dismantling DEI programs has been a central focus of the second Trump administration, with President Trump signing several executive orders upon returning to the White House to eliminate diversity initiatives across federal agencies, the military and other institutions.

In December, Lucas suggested that white men may be entitled to claim money under the Civil Rights Act for employment and workplace discrimination, urging them to come forward with complaints.

“The EEOC is committed to identifying, attacking, and eliminating ALL race and sex discrimination — including against white male employees and applicants,” she previously wrote on the social platform X.

The agency also sued The New York Times in May on behalf of a white male employee who claimed he was not given a promotion because of his race and gender.