Overview
- The court said the Board failed to properly apply the “special circumstances” test given local unrest, the store’s proximity to George Floyd’s death, and polarized views among employees and customers.
- The case returns to the NLRB for a new balancing of Section 7 rights against documented business needs under the longstanding insignia framework.
- Judges noted Home Depot enforced a neutral dress code that barred both “BLM” and pro-police messages and that managers suggested less political alternatives such as a DEI pin.
- The decision vacates the Board’s reinstatement and back‑pay order from early 2024 that had reversed an administrative law judge and found the display protected concerted activity.
- The ruling guides employers within the Eighth Circuit but does not set a nationwide rule, leaving continued uncertainty over workplace political and social messaging.