EEOC vs. Nike: Federal Agency Compels Data in “Anti-White” Discrimination Probe

On Wednesday, February 4, 2026, the Equal Employment Opportunity Commission (EEOC) escalated its investigation into Nike, filing a legal action in a Missouri federal court to force the sports giant to hand over sensitive personnel data. The move is a landmark step in the Trump administration’s broader effort to dismantle corporate Diversity, Equity, and Inclusion (DEI) policies, which the administration characterizes as “unlawful” and “anti-White.”

The probe, initiated by EEOC Chair Andrea Lucas, specifically targets Nike’s “2025 Targets”—a set of internal diversity goals intended to reshape the company’s leadership and workforce demographics.


The Investigation: What the EEOC is Seeking

The EEOC is investigating whether Nike’s commitment to diversity led to “disparate treatment” against White employees in hiring, promotions, and—crucially—recent rounds of layoffs. The agency has demanded records dating back to 2018, including:

  • Layoff Criteria: Detailed records on how the company selected employees for termination during its 2024 and 2025 restructuring.
  • Incentive Structures: Information on how Nike tied executive compensation to the achievement of diversity quotas.
  • Restricted Programs: Data on 16 specific programs—including mentoring and leadership development—that the agency alleges were “race-restricted” and excluded White participants.

Nike’s Defense and Diversity Goals

Nike has labeled the subpoena “overbroad and disproportionate,” though it maintains it has already provided “thousands of pages” of information. The company’s contested “2025 Targets” include:

  • Leadership: Achieving 30% representation of U.S. racial and ethnic minorities at the director level and above.
  • Workforce: Reaching 35% representation of racial and ethnic minorities across its entire U.S. workforce.
  • Gender: Targeting 45% female representation in global leadership roles.

According to Nike’s most recent Social Impact Report, the company has already surpassed several of these goals, reaching 41% minority representation in its U.S. workforce by early 2025.


Workplace Discrimination by the Numbers (EEOC Data)

The current administration’s focus on “reverse discrimination” represents a significant pivot in agency activity. Historically, race-based claims filed by White workers have represented a small fraction of the EEOC’s caseload.

Metric2023–2024 Statistics
White Workers in U.S. Workforce~67%
Race-Based Discrimination Claims by White Workers~10%
Total EEOC Discrimination Charges (FY 2024)88,531 (up 9% from 2023)
Race Discrimination as % of Total Charges34.2%

The Political Context: Executive Order 14173

The Nike probe is a direct outgrowth of Executive Order 14173, signed by President Trump on January 21, 2025. The order directs federal agencies to:

  1. Purge DEI from the federal government and military.
  2. Review Federal Contractors: Threaten the loss of government contracts for companies whose DEI programs “violate federal anti-discrimination laws.”
  3. Encourage New Claims: In December 2025, Chair Lucas publicly invited White men who feel “marginalized by woke policies” to file formal complaints with the agency.

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