Nike Under Investigation For Allegedly `Discriminating` Against White Workers
Nike faces a federal EEOC investigation in Missouri after the Trump administration moved in court on Feb. 4, 2026, to compel information tied to allegations of anti-white discrimination.
Documents cited by The New York Times show the U.S. Equal Employment Opportunity Commission, which currently has a 2-1 Republican majority, seeks records on layoffs, hiring, internships, and career programs that it says may have treated white workers and applicants differently. The investigation matters because it tests how far large employers can use demographic targets and race-tracked development programs before regulators reframe them as unlawful preference under Title VII.
Federal enforcement shifts from reporting outcomes to auditing mechanisms
The EEOC’s motion says the agency wants information “directly relevant” to allegations that Nike subjected white employees, applicants, and training program participants to disparate treatment in employment decisions. The filing focuses on internal standards for layoffs and on how Nike tracks race and ethnicity data in mentoring, leadership development, and other career development opportunities, according to The New York Times.
The case converts what many companies treat as ESG-style disclosure and goal tracking into a regulatory demand for operational proof. Legal exposure does not hinge only on representation numbers. Legal exposure also hinges on process artifacts such as selection criteria, documentation, and access rules.
Numeric representation goals draw scrutiny under Title VII theory
KGW-8 reported that Nike set a five-year plan targeting 30% racial and ethnic minority representation at or above the director level and 35% across its U.S. corporate workforce. KGW-8 reported that Nike met and exceeded those goals in 2025 by 4% and 6%.
The EEOC stated it believes Nike’s steps to reach these goals violate Title VII, per the reporting. EEOC Chair Andrea Lucas said in the filing that Nike may have acted to create, in Nike’s words, a “representative workforce “equal to the consumer and communities it serves, according to KGW-8.
Information asymmetry becomes the leverage point
The New York Times reported that the EEOC said it did not receive thorough information responsive to a September 2025 subpoena, which helped trigger the current court motion and investigation. The motion also notes Lucas initiated charges in 2024 while she served as a commissioner.
Nike told KGW-8 it has submitted “thousands of pages of information and detailed written responses,” called the probe “a surprising and unusual escalation,” and said it will cooperate while maintaining that its programs comply with applicable law.
