New England Biz Law Update
The U.S. Equal Employment Opportunity Commission has filed a subpoena enforcement action in federal court seeking to compel Nike, Inc. to produce documents as part of a systemic discrimination investigation.
According to the agency, the investigation stems from a commissioner’s charge alleging that Nike engaged in a pattern or practice of discrimination against white employees and applicants in connection with hiring, promotions, demotions, layoffs, internships, mentoring and leadership development programs.
The EEOC issued an administrative subpoena requesting internal workforce data, criteria used in employment decisions, and documentation relating to diversity, equity and inclusion initiatives.
When the agency determined that Nike had not fully complied with the subpoena, it filed an application in U.S District Court to enforce the subpoena and require production of the requested materials.
The matter is currently at the subpoena-enforcement stage, and no findings of liability have been made.
The action reflects increased scrutiny of employer DEI programs under Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race and other protected characteristics. The EEOC has indicated that race-based decision-making, even if framed as part of diversity initiatives, may violate federal law.
