Florida Attorney General James Uthmeier issued an investigative subpoena to the NFL over its Rooney Rule on Wednesday. The NFL made no comment after receiving the subpoena.

The Rooney Rule, adopted in 2003 following an outcry over the lack of opportunities for Black coaches in a league dominated by Black talent, requires NFL teams to interview at least two people of color or women for top jobs including head coach and general manager, and at least one person of color or a woman for quarterback coach and other senior roles. In March, Uthmeier called on the NFL to suspend the rule on the ground that it violates Florida anti-discrimination law.

"Florida law is clear. Hiring decisions cannot be based on race, and the Rooney Rule mandates race-based interviews and incentivizes race-based decisions. That's discrimination," Uthmeier said.

NFL Commissioner Roger Goodell addressed questions about the Rooney Rule at a press conference days after Uthmeier launched his challenge, saying the rule is not a hiring mandate and has helped teams find the best talent. "The Rooney Rule's been around a long time. We've evolved it, we've changed it. We'll continue to do that as circumstances warrant," Goodell said.

After the murder of George Floyd in 2020, many companies in corporate America adopted their own versions of the Rooney Rule to address systemic racism. Federal civil rights laws generally prohibit employers from taking race, sex or other protected characteristics into account when making employment decisions.

EEOC Chair Andrea Lucas warned employers that their diversity, equity and inclusion policies could be unlawful, and said in an interview that employers should not take into consideration a candidate's race, sex or any other protected characteristic under Title VII of the Civil Rights Act in the interview selection process. "All it has to do is motivate — in whole or in part — your decision-making, and you're into unlawful territory," Lucas said.

In 2024, America First Legal, co-founded by Stephen Miller, sent the EEOC a request for an investigation into the Rooney Rule and other DEI-related practices. The EEOC is investigating the New York Times and Nike over their DEI-related goals and practices, including assembling diverse slates of candidates for jobs.

Lucas filed a charge of discrimination against Nike in 2024, alleging that since at least 2020, the company had a "pattern or practice of disparate treatment against White employees" through its "diverse slates process," according to court filings. Nike said in a court filing that under an agreement with the Labor Department, it was permitted to use diverse slates to address "substantial" disparities in its ranks and broaden the funnel of qualified candidates. The 1965 executive order that paved the way for such agreements with employers was subsequently rescinded. Nike said it no longer has any diverse slate practices or guidelines in effect.