EEOC Seeks Court Order To Enforce Subpoena In Nike DEI Investigation

February 9, 2026

What's New

The EEOC has petitioned a federal court to enforce a subpoena issued in its systemic investigation of Nike, Inc., following a Commissioner’s charge alleging race-based decision making tied to certain DEI initiatives. The agency seeks records on layoffs, development programs, executive metrics tied to diversity goals, workforce demographic data, and detailed materials from Nike’s “Diverse Slates” hiring process. It also requests data on eligibility and selection for internship and leadership programs dating back to 2018. Nike maintains that many requests are overbroad or burdensome, but the EEOC is asking the court to compel full compliance.

What It Means

The petition reinforces the EEOC’s heightened scrutiny of whether employer DEI programs—past or present—used race-conscious criteria, even if later revised or discontinued. By seeking years-old materials, the agency signals that legacy practices remain subject to investigation. Its focus on Nike’s “Diverse Slates” process and development programs reflects interest in any criteria that might have affected who was considered, advanced, or selected based on protected class factors.

What You Should Do

Employers should review current and past DEI, hiring, and development practices—especially any prior use of diverse slate requirements or race-linked criteria—to ensure programs rely solely on neutral, job-related factors. Employers should anticipate broad EEOC information requests that reach back several years, even for discontinued programs. These issues, along with strategies for responding to expansive inquiries, will be a key focus at CWC’s Workplace Policy Conference on March 18-19. For more on responding to agency inquiries, consider registering for Investigating and Responding to Discrimination Charges.

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