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Whole Foods Lawfully Banned Black Lives Matter Apparel, Judge Rules

The ruling, which can be appealed, found that wearing BLM apparel was not a protected activity under labor law.

  • Whole Foods did not break the law by banning employees from wearing Black Lives Matter (BLM) apparel, according to a ruling by a National Labor Relations Board judge.
  • The judge ruled that wearing BLM apparel was not a protected activity under Section 7 of the National Labor Relations Act, as it was not directly related to the employees' working conditions.
  • The case was brought by 14 employees who claimed they were disciplined or fired for wearing BLM apparel, which Whole Foods said violated its dress code.
  • The judge did find that Whole Foods' uniform policy from 2013 to 2020 was unlawfully broad as it could prevent employees from wearing union insignia.
  • The ruling can be appealed to the labor board in Washington, D.C.
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