Last week, the federal Equal Employment Opportunity Commission filed suit in federal court against Nike, seeking information indicating whether the company discriminated against white applicants and employees in a range of hiring, promotion, and mentoring decisions. The EEOC alleges that Nike failed to comply with initial requests and a subsequent administrative subpoena seeking such records.

In its complaint, the EEOC claims that public information about Nike’s diversity, equity, and inclusion programs indicates potential discrimination against white people in terms of hiring and career development. The initial subpoena requested records dating back to 2018.

Reverse discrimination against white applicants and employees has become a top enforcement priority for the EEOC. Last month, the EEOC chair posted an unprecedented invitation on X seeking information and complaints from white individuals who believe they have faced employment discrimination in favor of minorities, including discrimination resulting from DEI programs. In general, employers cannot make individual hiring or other employment decisions based on a person’s membership in a protected classification. However, Title VII does not prohibit employers from efforts intended to increase the diversity of qualified applicants and employees.

For more information, please contact me or your regular Parker Poe contact. Click here to subscribe to our latest alerts and insights.