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Nike faces federal probe over allegations of 'DEI-related' discrimination against white workers

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Nike faces federal probe over allegations of 'DEI-related' discrimination against white workers
Business

Business

Nike faces federal probe over allegations of 'DEI-related' discrimination against white workers

2026-02-05 08:22 Last Updated At:08:40

NEW YORK (AP) — The federal agency for protecting workers' civil rights revealed Wednesday that it is investigating sportswear giant Nike for allegedly discriminating against white employees through its diversity policies.

The Equal Employment Opportunity Commission disclosed the investigation in a motion filed in Missouri federal court demanding that Nike fully comply with a subpoena for information.

The EEOC sought the company’s criteria for selecting employees for layoffs, how it tracks and uses worker race and ethnicity data, and information about programs which allegedly provided race-restricted mentoring, leadership, or career development opportunities, according to court documents.

In a statement, Nike said the company has worked to cooperate with the EEOC and the subpoena “feels like a surprising and unusual escalation.”

“We have shared thousands of pages of information and detailed written responses to the EEOC’s inquiry and are in the process of providing additional information,” Nike said in a statement sent to The Associated Press."

EEOC Chair Andrea Lucas has moved swiftly to target diversity and inclusion policies that she has long criticized as potentially discriminatory, tightly aligning the agency with one of President Donald Trump's top priorities.

Nike appears to be the highest profile company the EEOC has targeted with a publicly confirmed, formal anti-DEI investigation. In November, the EEOC issued a similar subpoena against financial services provider Northwestern Mutual.

"When there are compelling indications, including corporate admissions in extensive public materials, that an employer's Diversity, Equity and Inclusion-related programs may violate federal prohibitions against race discrimination or other forms of unlawful discrimination, the EEOC will take all necessary steps — including subpoena actions — to ensure the opportunity to fully and comprehensively investigate," Lucas said in a statement.

The disclosure comes two months after Lucas posted a social media call-out urging white men to come forward if they have experienced race or sex discrimination at work. The post urged eligible workers to reach out to the agency “as soon as possible” and referred users to the agency’s fact sheet on DEI-related discrimination.

The investigation against Nike, however, does not stem from any worker complaint against the company. Rather, Lucas filed her own complaint in May 2024 through a more rarely used tool known as a commissioner's charge, according to the court documents. Her charge came just months after America First Legal, a conservative legal group founded by top Trump adviser Stephen Miller, sent the EEOC a letter outlining complaints against Nike and urging the agency to file a commissioner's charge.

America First Legal has flooded the EEOC with similar letters in recent years urging investigations into the DEI practices of major U.S. companies. It is unclear how many other companies the EEOC may be targeting through such commissioner's charges. The EEOC is prohibited from revealing any charge — by workers or commissioners — unless it results in fines, settlements, legal action or other such public actions.

Lucas' charge, according to court filings, was based on Nike's publicly shared information about its commitment to diversity, including statements from executives and proxy statements. The charge, for example, cited Nike's publicly stated goal in 2021 of achieving 35% representation of racial and ethnic minorities in its corporate workforce by 2025.

Many U.S. companies made similar commitments in the wake of the widespread 2020 racial justice protests that followed the police killing of George Floyd, an unarmed Black man. Companies have said such commitments are not quotas but rather goals they hoped to achieve through methods such as widening recruitment efforts and rooting out any bias during hiring process.

Under Title VII of the Civil Rights Act, employers are prohibited from using race as a criteria for hiring or other employment decisions. Lucas has long warned that many companies risk crossing that line through DEI efforts that would pressure managers to make race-based decisions.

In its statement, Nike said it follows “all applicable laws, including those that prohibit discrimination. We believe our programs and practices are consistent with those obligations and take these matters seriously.”

The Associated Press’ women in the workforce and state government coverage receives financial support from Pivotal Ventures. AP is solely responsible for all content. Find AP’s standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org.

FILE - Andrea Lucas, nominee to be a member of the Equal Employment Opportunity Commission, testifies during a Senate Health, Education, Labor, and Pensions (HELP) Committee hearing, June 18, 2025, on Capitol Hill in Washington. (AP Photo/Mariam Zuhaib, File)

FILE - Andrea Lucas, nominee to be a member of the Equal Employment Opportunity Commission, testifies during a Senate Health, Education, Labor, and Pensions (HELP) Committee hearing, June 18, 2025, on Capitol Hill in Washington. (AP Photo/Mariam Zuhaib, File)

File - The Nike logo is shown on a store in Miami Beach, Fla. on Aug. 8, 2017. (AP Photo/Alan Diaz, File)

File - The Nike logo is shown on a store in Miami Beach, Fla. on Aug. 8, 2017. (AP Photo/Alan Diaz, File)

FILE - The Nike logo appears above the post where it trades on the floor of the New York Stock Exchange, March 22, 2017. (AP Photo/Richard Drew, File)

FILE - The Nike logo appears above the post where it trades on the floor of the New York Stock Exchange, March 22, 2017. (AP Photo/Richard Drew, File)

DUBAI (AP) — Nuclear talks between Iran and the United States will take place Friday in Oman, the Iranian foreign minister said, as tensions between the countries remain high following Tehran's bloody crackdown on nationwide protests last month.

The announcement by Iranian Foreign Minister Abbas Araghchi on Wednesday came after hours of indications that the anticipated talks were faltering over changes in the format and content of the talks. U.S. President Donald Trump, meanwhile, sent a blunt warning to Iran’s Supreme Leader Ayatollah Ali Khamenei ahead of the talks.

“I would say he should be very worried,” Trump said of Khamenei in an interview with NBC News.

Earlier Wednesday, a regional official said Iran was seeking a “different” type of meeting than that what had been proposed by Turkey, one focused exclusively on the issue of Iran’s nuclear program, with participation limited to Iran and the United States. The official spoke on condition of anonymity because they were not authorized to brief the media.

The Trump administration confirmed the U.S. will take part in high-level talks with Iran in Oman instead of Turkey as originally planned, according to a White House official.

The official, who was not authorized to comment publicly and spoke on the condition of anonymity, said that several Arab and Muslim leaders urged the Trump administration on Wednesday not to walk away from talks even as Iranian officials pressed to narrow the scope of talks and change the venue for the negotiations.

The official added that the White House remains “very skeptical” that the talks will be successful but has agreed to go along with the change in plans out of respect for allies in the region.

Tensions between the countries spiked after Trump suggested the U.S. might use force against Iran in response to the crackdown on protesters. Trump also has been pushing Tehran for a deal to constrain its nuclear program.

Iran’s reformist President Masoud Pezeshkian on Tuesday said he had instructed the foreign minister to “pursue fair and equitable negotiations” with the U.S., in the first clear sign from Tehran it wants to try to negotiate. That signaled the move is supported by Supreme Leader Ayatollah Ali Khamenei, who has the final say on all matters of state and previously dismissed any negotiations.

U.S. Secretary of State Marco Rubio said the U.S. hoped to discuss a number of concerns beyond the nuclear issue, including discussions on Iran’s ballistic missiles, support for proxy networks across the region and the “treatment of their own people.”

“The leadership of Iran at the clerical level does not reflect the people of Iran. I know of no other country where there’s a bigger difference between the people who lead the country and the people who live there,” he told reporters.

Vice President JD Vance told “The Megyn Kelly Show” that diplomatic talks with Iran are challenging because of Tehran’s political system, overseen by Khamenei.

“It’s a very weird country to conduct diplomacy with when you can’t even talk to the person who’s in charge of the country. That makes all of this much more complicated, and it makes the whole situation much more absurd,” Vance said, noting that Trump could speak directly by phone with the leaders of Russia, China or North Korea.

Vance said Trump’s bottom line is that Iran cannot be allowed to develop a nuclear weapon, asserting that other states in the region would quickly do the same.

Iran long has insisted its nuclear program is peaceful. However, Iranian officials in recent years have increasingly threatened to pursue the bomb.

Vance said he believed Trump would work to “accomplish what he can through non-military means. And if he feels like the military is the only option, then he’s ultimately going to choose that option.”

On Tuesday, a U.S. Navy fighter jet shot down an Iranian drone that approached an American aircraft carrier. Iranian fast boats from its paramilitary Revolutionary Guard also tried to stop a U.S.-flagged ship in the Strait of Hormuz, the narrow mouth of the Persian Gulf, the Navy said.

Iran did not immediately acknowledge either incident, which strained but apparently did not derail hopes for talks with the U.S.

On Wednesday, Iranian military chiefs visited a missile base in an attempt to highlight its military readiness after a 12-day war with Israel in June devastated Iran’s air defenses. The base holds the Khorramshahr missile, which has a range of more than 2,000 kilometers (1,250 miles) and was launched towards Israel during the war last year.

Also Wednesday, Turkish President Recep Tayyip Erdogan reiterated Turkey’s opposition to foreign intervention in neighboring Iran, calling for the resolution of issues through dialogue.

Turkey has been urgently working for the past week to bring the U.S. and Iran to the negotiating table, and was previously expected to host the talks.

“We believe that external interventions involving our neighbor Iran would pose significant risks for the entire region,” Erdogan said during a visit to Cairo. “Resolving issues with Iran, including the nuclear file, through diplomatic means is the most appropriate approach.”

Associated Press writers Suzan Fraser in Ankara, Farnoush Amiri in New York, Aamer Madhani in Washington, Moriah Balingit in Washington, and Melanie Lidman in Jerusalem contributed.

FILE - In this photo released by the Iranian Foreign Ministry, Iranian Foreign Minister Abbas Araghchi, left, is welcomed by an unidentified Omani official, center, upon his arrival at Muscat, Oman, for negotiations with U.S. Mideast envoy Steve Witkoff, as Iranian Ambassador to Oman Mousa Farhang walks at right, May 11, 2025. (Iranian Foreign Ministry via AP, File)

FILE - In this photo released by the Iranian Foreign Ministry, Iranian Foreign Minister Abbas Araghchi, left, is welcomed by an unidentified Omani official, center, upon his arrival at Muscat, Oman, for negotiations with U.S. Mideast envoy Steve Witkoff, as Iranian Ambassador to Oman Mousa Farhang walks at right, May 11, 2025. (Iranian Foreign Ministry via AP, File)

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