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Nike Complies with EEOC Subpoena in Diversity Investigation

3 days ago 0

NEW YORK (AP) — A federal civil rights agency has abandoned its effort to enforce a subpoena against Nike. The company has complied with information requests, part of an investigation into its diversity and inclusion policies.

The Equal Employment Opportunity Commission (EEOC) decided to dismiss its motion in Missouri federal court on Wednesday. This action came seven months after the agency asked the court to compel Nike to fully respond to the subpoena. According to the EEOC’s court filing, Nike provided relevant information and documents between March and August, thus eliminating any need for further court intervention.

An EEOC spokesperson expressed satisfaction, noting the company complied without the necessity of a court order after the enforcement action commenced. Nike chose not to comment on the situation.

Nike is among several companies targeted by EEOC Chair Andrea Lucas in her campaign against corporate diversity and inclusion policies. This campaign, supported by the Trump administration, argues these policies potentially discriminate against white males. The EEOC also has ongoing legal action against The New York Times, alleging discrimination against a white editor in favor of a multiracial individual for a specific role.

In December, Andrea Lucas encouraged white men to report experiences of race or sex-based discrimination. The investigation into Nike initiated from her own complaint in May 2024, asserting that white employees faced discrimination. Lucas referenced Nike’s stated objectives, which include a commitment to increasing minority representation in leadership and achieving a goal of 35% representation of racial and ethnic minorities in its corporate workforce by 2025.

The dismissed subpoena enforcement against Nike revealed details about an EEOC investigation process that typically remains confidential unless leading to fines, settlements, or other actions. The EEOC has sought historical data on Nike’s employment decisions, criteria for layoffs, and utilization of race and ethnicity data. It also inquired about programs allegedly offering race-restricted mentoring or career opportunities.

Uncertainty remains about whether Nike has provided all the information the EEOC demanded. In February, Nike described the court intervention as unexpected, noting it had submitted thousands of pages to the EEOC and was continuing to share more. Nike labeled some of the EEOC’s requests as overly broad and burdensome, suggesting they were exploratory attempts without substantial evidence.

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