The EEOC has petitioned a federal court to enforce a subpoena that it issued while investigating Nike’s DEI practices.

The agency seeks records on layoffs, development programs, executive metrics tied to diversity goals, workforce demographic data, and 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.

The petition illustrates the EEOC’s heightened scrutiny of past and present employer DEI programs and their possible use of race-conscious criteria. The agency’s interest in years-old materials signals that legacy practices remain subject to investigation.

Employers should review their current and past DEI, hiring, and development practices — especially any prior use of diverse slate requirements or race-linked criteria — to ensure that their programs rely solely on neutral, job-related factors.

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, will focus on these issues at its Workplace Policy Conference on March 18-19. Members and non-members should consider registering for CWC’s virtual course, Investigating and Responding to Discrimination Charges, to be held April 20-April 24.

CWC members can read more here.