EEOC increases pressure on DEI programs

On February 4, 2026, the Equal Employment Opportunity Commission (EEOC) filed suit against Nike in the Eastern District of Missouri, claiming the company had not complied with the agency’s requests for information in its investigation that it discriminated against white employees and applicants. The case was filed in Missouri because the EEOC’s St. Louis office is leading the investigation even though the company’s headquarters are in Seattle, Washington.

Background

The investigation is based on a commissioner’s charge filed in 2024 by now-Chair Andrea Lucas that claimed Nike may have discriminated against white workers in hiring, promotion, and layoff decisions. The charge also claimed the company may have discriminated against white applicants and workers for internships, mentorships, and other leadership development programs. The charge claims Nike set goals to ensure 30% of its directors were racial and ethnic minorities and 35% of its workforce were made up of racial and ethnic minorities by 2025. In addition, the agency pointed out that the company tied executive compensation packages to these goals.

The agency in its filing stated it had made three requests for information beginning in December 2024, and when the company didn’t provide all the information requested, it filed a subpoena in September 2025 seeking additional information. After negotiations between the company and the EEOC over the subpoena, Nike did provide additional information, but the EEOC claimed it needed additional data and so filed the subpoena enforcement action.