EEOC drops subpoena lawsuit after Nike provides information
By Daniel Wiessner
Aug. 13 (Reuters) - The U.S. agency that enforces laws banning workplace discrimination has dropped a lawsuit seeking to enforce a subpoena in an investigation of Nike's treatment of white employees, saying the company has handed over a trove of information.
U.S. District Judge Cristian Stevens in St. Louis, Missouri, granted the U.S. Equal Employment Opportunity Commission's motion on Thursday to dismiss the lawsuit it filed in February, after the agency in a filing late Wednesday said Nike had complied with its subpoena.
The commission had claimed the footwear and apparel company refused to comply with demands for information such as data on the racial and ethnic makeup of the company's workforce and a roster of employees chosen for mentoring and development programs.
The EEOC said it was investigating whether Nike intentionally discriminated against white employees and job applicants, including by disproportionately targeting them for layoffs, and that it needed the information to determine whether Nike violated the law.
Dropping the subpoena action does not mean the agency has concluded its investigation.
Nike and the EEOC did not immediately respond to requests for comment. When the case was filed, the company called it "a surprising and unusual escalation" of the investigation and said it was cooperating with the commission while denying any discrimination.
The probe is part of broader efforts by President Donald Trump, a Republican, and his appointees to eradicate diversity, equity and inclusion policies from the government, private sector and higher education. Critics of DEI say such programs undermine merit-based decision-making and can amount to reverse discrimination against white people and men specifically. Supporters of the policies say they expand opportunities for historically disadvantaged groups and improve corporate governance.
EEOC Chair Andrea Lucas has said many common workplace diversity programs may be unlawful and that her agency would investigate and potentially sue companies for violating laws banning discrimination based on race, sex, religion and other protected traits. Trump appointed Lucas to the commission in 2020 and named her chair last year.
Commission investigations are typically prompted by complaints filed by workers, but the Nike probe stems from a relatively rare "commissioner's charge" initiated by Lucas in May 2024, according to court filings.
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