US regulators have asked a federal judge to force sportswear retailer Nike to hand over documents tied to alleged discrimination against White employees.
The US Equal Employment Opportunity Commission (EEOC) said it is probing claims that the company engaged in systemic bias through its employment practices and Diversity, Equity, and Inclusion (DEI) initiatives.
In court filings, the EEOC said it is investigating allegations of “a pattern or practice of disparate treatment against white employees, applicants and training programme participants in hiring, promotion, demotion, or separation decisions, including selection for layoffs; internship programmes; and mentoring, leadership development and other career development programmes”.
The regulator stated that its inquiry and related subpoena sought records dating back to 2018.
These include the criteria used when selecting workers for layoffs, and information on how Nike tracks and uses race and ethnicity data, including whether it influences executive compensation.
They also cover details of 16 programmes said to offer race-restricted mentoring, leadership or career development opportunities.
In an emailed response to Retail Insight Network, Nike said: “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.
“We are committed to fair and lawful employment practices and follow all applicable laws, including those that prohibit discrimination. 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.”
After Nike did not provide all the requested material, the EEOC said it moved to enforce the subpoena in the US District Court for the Eastern District of Missouri, following earlier attempts to secure voluntary cooperation.
A subpoena is a formal, enforceable legal directive - typically issued by a court or authorised government body - that requires an individual to appear and give testimony or to deliver specified documents, records, or other tangible evidence.
EEOC chair Andrea Lucas said: “When there are compelling indications, including corporate admissions in extensive public materials, that an employer’s Diversity, Equity, and Inclusion-related programmes 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.”
The commission said it is the only federal body authorised to investigate and bring cases against private-sector employers for breaches of employment discrimination law.
It added that it shares responsibility for public-sector cases with the US Department of Justice’s Civil Rights Division and coordinates federal anti-discrimination enforcement efforts.
