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EEOC Files Lawsuits Against New York Times and Nike Over Alleged Workplace Discrimination

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EEOC Takes Legal Action Against New York Times and Nike Over DEI Practices

"No one is above the law — including 'elite' institutions. There is no such thing as ‘reverse discrimination;’ all race or sex discrimination is equally unlawful."
— EEOC Chair Andrea Lucas

The U.S. Equal Employment Opportunity Commission (EEOC) has filed lawsuits and launched investigations against the New York Times and Nike in two separate cases, alleging discrimination in employment practices. The actions target policies related to diversity, equity, and inclusion (DEI) initiatives.

New York Times Lawsuit

The EEOC filed a lawsuit against the New York Times on Tuesday in the U.S. District Court of the Southern District of New York, alleging gender and racial discrimination in a promotion decision.

Allegations

The lawsuit claims that a white male editor was denied a promotion to the role of deputy real estate editor. The position was awarded to a multiracial female candidate. The EEOC alleges that the complainant had more relevant experience for the position.

The lawsuit states that the Times' stated diversity goals influenced the decision, citing the organization's "Call to Action" plan to increase Black and Latino leadership representation by 50% by 2025.

Statements

EEOC Chair Andrea Lucas said of the case: "No one is above the law — including 'elite' institutions. There is no such thing as 'reverse discrimination;' all race or sex discrimination is equally unlawful."

The New York Times denied the allegations. Spokeswoman Danielle Rhoades Ha stated that the most qualified candidate was hired and that race and gender were not factors in the decision. She also stated that the EEOC deviated from standard practices and that the filing "ignores the facts to fit a predetermined narrative."

Background

  • The complainant has worked at the Times since 2014 as a senior staff editor on the international desk with experience on real estate stories.
  • The EEOC's lawsuit extensively cites the Times' diversity and inclusion policies.
  • The lawsuit is filed under Title VII of the 1964 Civil Rights Act.

Nike Investigation and Subpoena

The EEOC is also investigating Nike over allegations of discrimination against White employees. The agency disclosed this investigation in a motion filed in Missouri federal court, requesting Nike's full compliance with a subpoena for information.

Investigation Origin

The investigation against Nike did not originate from a worker complaint. EEOC Chair Andrea Lucas filed a commissioner's charge in May 2024, prior to her appointment as chair. This charge followed a letter from America First Legal, a conservative legal group, to the EEOC outlining complaints against Nike.

Lucas's charge was based on Nike's publicly shared information about its diversity commitments, including its 2021 goal to achieve 35% representation of racial and ethnic minorities in its corporate workforce by 2025.

Scope of the Probe

The EEOC is requesting information from Nike dating back to 2018. The subpoena seeks specific information, including:

  • Criteria used by Nike for selecting employees for layoffs
  • Methods for tracking and utilizing worker race and ethnicity data
  • Data related to "race-based workforce representation quotas"
  • Information on 16 mentoring and career development programs identified as "race restricted"

The EEOC filed the enforcement action because Nike did not voluntarily provide all information required by the subpoena, according to the agency.

Responses

Nike described the action as an "escalation" and stated that the company has already provided extensive information, including thousands of pages of documents and detailed written responses. The company affirmed its commitment to fair and lawful employment practices, stating its programs are consistent with these obligations. Nike indicated it would continue to cooperate with the EEOC.

In a 2025 legal filing, Nike's attorneys argued for the subpoena's revocation, citing that its requests are "unduly burdensome, vague, overbroad, disproportionate to the needs of the investigation, seek irrelevant and time-barred information, and constitute an impermissible fishing expedition."

Broader Context

EEOC Chair Andrea Lucas has been vocal in her criticism of certain diversity and inclusion policies. The actions reflect a shift in enforcement priorities, aligning with the Trump administration's focus on examining whether diversity initiatives may disproportionately affect White individuals.

Title VII of the Civil Rights Act prohibits employers from using race as a criterion in employment decisions.

Many U.S. companies made similar diversity commitments after the 2020 racial justice protests, stating these were goals to be achieved through broadened recruitment and bias elimination, rather than quotas.