Whole Foods wins case over Black Lives Matter clothing

Whole Foods did not violate the law when it punished employees for wearing clothing in support of the Black Lives Matter movement, a federal administrative law judge ruled Wednesday.

National Labor Relations Board Judge Ariel Sotolongo said Whole Foods did not violate workers’ labor rights in 2020 when it penalized them for wearing masks, pins and other accessories with the slogan “Black Lives Matter.” The judge wrote that wearing the clothing was not related “to their employment or working conditions.”

The employees can appeal the decision to the labor council.

The case was filed in July 2020 by 14 employees in four states who said the supermarket chain illegally disciplined them, citing its dress code policy. The workers said they were sent home without pay or fired for wearing clothes with the slogan. Whole Foods denied retaliating against employees.

“Our diverse culture continues to be a source of great pride for Whole Foods Market, and we remain focused on creating both a safe and inclusive workplace for everyone,” the company said in a statement Thursday. “We are pleased with the outcome of this case.”

The attorney representing the workers, Shannon Liss-Riordan, said she was disappointed by the ruling.

“If employees believe in good faith that they are taking action to promote and improve the terms and conditions in their workplace, that is a protected activity,” she said.

An employee at a store in Cambridge, Massachusetts, Savannah Kinzer, testified that she decided to start wearing clothing with the Black Lives Matter slogan in June 2020 because other stores had sent employees home for wearing similar clothing, according to news articles she had read.

Along with several dozen colleagues, Ms. Kinzer repeatedly wore a Black Lives Matter-themed mask from late June to early July. She and her colleagues were told they were violating the company dress code and were dismissed early from their jobs without pay. Ultimately, she was fired for being late to work.

Many companies embraced the Black Lives Matter movement following the killing of George Floyd by a Minneapolis police officer in May 2020. Amazon, owner of Whole Foods, has pledged $10 million to organizations that “deliver social justice and improve the lives of Black people.” and African Americans improve. .” Whole Foods posted on its website that “racism has no place here” and that it supported “the Black community and meaningful change in the world.”

But employees who filed a complaint against the company said the support did not extend to workers who wanted to support the movement, which sought to draw attention to police killings of Black people and systemic racism in the workplace, housing, education and other areas . .

The judge’s decision was the latest ruling in favor of Whole Foods against employees who said they were retaliated against for supporting Black Lives Matter. In January, a federal judge dismissed a lawsuit filed by three former employees who said they were illegally fired for wearing Black Lives Matter masks. And in June 2022, a federal appeals court ruled that Whole Foods had not violated the Civil Rights Act of 1964 by banning Black Lives Matter apparel.