EEOC files motion to dismiss subpoena enforcement case against Nike

Agency says Nike supplied documents between March and August

The Equal Employment Opportunity Commission on Wednesday filed a motion in Missouri federal court to dismiss its subpoena enforcement action against Nike. The motion asks the court to close the subpoena enforcement proceeding the agency had opened against the sportswear company.

In its Wednesday filing, the EEOC said Nike had, between March and August, provided “information and documents responsive to the subpoena.” The agency told the court that compliance leaves “no remaining controversy” for the court to resolve.

The administrative subpoena the agency had sought to enforce was issued as part of an investigation into the sportswear company’s diversity and inclusion policies.

The EEOC had asked the court seven months ago to order Nike to fully comply with the subpoena.

The Wednesday motion to dismiss notes that Nike complied after the agency filed its subpoena enforcement action, not after a court ruling. A court order compelling compliance was never issued.

An EEOC spokesperson said the agency is “pleased the company complied without a court order after the filing of our subpoena enforcement action.” The spokesperson declined to provide more details.

Nike declined to comment.

The motion resolves the subpoena enforcement proceeding the EEOC had opened in Missouri federal court. The EEOC’s underlying investigation into Nike’s diversity and inclusion policies is not described in the agency’s Wednesday filing, and the agency declined to provide more details about the matter when asked.