EEOC Moves to Enforce Subpoena in Nike DEI Investigation

The U.S. Equal Employment Opportunity Commission has moved to enforce an administrative subpoena against Nike, Inc. The motion, filed in the United States District Court for the Eastern District of Missouri, reflects a significant shift in federal enforcement activity directed at Diversity, Equity, and Inclusion initiatives, Husch Blackwell writes.

As part of its Nike DEI investigation, the EEOC is seeking employment data as it alleges that Nike engaged in discrimination against white employees and applicants. The proceeding arises from EEOC v. Nike, Inc., a subpoena enforcement action tied to a Commissioner’s charge asserting a pattern of intentional discrimination and, alternatively, disparate impact theory. The charge was filed in May 2024.

Nike received and executed a settlement agreement in January 2025, but the agency later reassigned the matter and rescinded that agreement without explanation. Subsequent requests for information broadened the scope of inquiry. The EEOC’s charge references conduct “since at least” fiscal year 2020, but the agency requests materials dating back to 2018 and 2019.

The subpoena demands detailed records concerning affirmative action plans, executive compensation metrics linked to minority representation, workforce demographic data, diverse slate hiring processes, and communications with the Office of Federal Contract Compliance Programs.

The agency seeks participant-level data for numerous programs, including the DEI Mentorship Program, Amplify Program, CNEXT Accelerate Program, Converse All-Star Design Team Program, Serena Williams Design Crew Program, Nike Internship Programs, and Leadership Education for Asian Pacifics.

It also requests sortable databases covering job vacancies, separation decisions in 2020 and 2024, and demographic and pay data shared with executives.

Legal teams advising employers should prepare for intensified scrutiny of hiring, promotion, compensation, and reduction-in-force processes under traditional Title VII analysis. Privileged audits, defensible documentation protocols, and statistically grounded impact assessments remain critical to enterprise risk management and matters of board oversight.