Fast Company
Follow
Nike nearly ended an investigation into its DEI practices—until Trump took office
The Equal Employment Opportunity Commission's (EEOC) investigation into Nike's diversity, equity, and inclusion (DEI) practices is unusual, departing from its traditional focus on worker-initiated anti-discrimination claims. This particular case, initiated by Commissioner Andrea Lucas, suggests a shift in the agency's priorities towards investigating potential discrimination against white employees. The investigation became public when the EEOC sought to enforce a subpoena against Nike in court, a rare step for the agency. A New York Times report revealed that a confidential settlement agreement between Nike and the EEOC was withdrawn after President Trump assumed office. Following the withdrawal, the EEOC's information requests significantly broadened, leading to Nike's resistance and the subsequent subpoena. Nike described the enforcement action as a "surprising and unusual escalation," noting similarities to a complaint filed by America First Legal. The decision to abandon the settlement and issue a subpoena aligns with the EEOC's priorities under Lucas, seemingly influenced by Trump's executive orders targeting DEI. This aggressive approach suggests the agency aimed to publicize the case, as former EEOC officials have indicated a desire for a "broad frontal attack on ill-defined DEI efforts." The EEOC has pursued similar reverse discrimination cases, including an unprecedented $21 million settlement with Columbia University. The Nike case, if it reaches the Supreme Court, could have significant implications for workplace diversity programs.