Judge Dismisses Employees’ Discrimination Claims Against Whole Foods
Employees of a Whole Foods grocery store in Cambridge, Massachusetts, who filed a class-action lawsuit against the company have been hit with a blow as a federal judge has dismissed nearly every claim made in the lawsuit against the grocery store chain.
The conflict surrounding Whole Foods started soon after the Black Lives Matter movement gained momentum across the nation during the summer of 2020. In conjunction with safety protocols because of the pandemic, employees at Whole Foods began wearing face masks. The controversy started after some employees began wearing masks that had the Black Lives Matter slogan printed on them. Soon after, employees began vocalizing complaints that the company was behaving in a discriminatory manner for not allowing workers to wear the slogan-branded masks while on duty. Whole Foods contends that the masks violated the company's dress code policy.
The lawsuit alleges that Whole Foods sent employees home without pay and threatened them with termination if they wore masks with the Black Lives Matter slogan on them. Some employees have expressed that Whole Foods' crackdown on workers showing their support for the Black Lives Matter movement is a direct contradiction of Whole Foods and its parent company Amazon's recent marketing campaigns that publicly proclaim the brands stand in solidarity with the movement.
Some employees allege that Whole Foods and Amazon only publicly expressed their support for the Black Lives Matter movement to draw in customers. These employees allege that if the brands really cared about the movement, they would allow for the masks with the slogan to be worn by employees on duty.
The lawsuit specifically names one employee, Savannah Kinzer, for being terminated because she refused to comply with Whole Foods' dress code policy. Whole Foods has publicly stated that Kinzer was fired because of time and attendance violations, not because she wore a Black Lives Matter face mask. In contrast, attorneys for the plaintiffs in the lawsuit argue that the time and attendance issues only became problematic after she was repeatedly sent home for wearing the black lives matter mask.
The plaintiffs in the case argue that Whole Foods violated Title VII of the Civil Rights Act of 1964. In a motion filed by attorneys representing Whole Foods, the company denies any violation of rights and explains that it's not illegal for the company to ban any visible slogans or logos as per their dress code policy. The motion goes on to explain, "The question posed by this motion and in this case generally is not whether support for Black Lives Matter is important and laudable." The motion adds, "The question is whether Title VII nullifies a facially neutral dress code policy that prohibits the wearing of slogans and messages on clothing in the workplace, regardless of the social utility underlying those messages."
US District Judge Allison Burroughs shared in her ruling that both Whole Foods and its parent company Amazon could not be charged with illegal racial discrimination. Her ruling explains, "At worst, they [Whole Foods] were selectively enforcing a dress code to suppress certain speech in the workplace. However unappealing that might be, it is not conduct made unlawful by Title VII."
Judge Burroughs’ ruling nullified a majority of the lawsuit claims. However, one plaintiff was allowed to pursue a retaliation claim against the company. For the rest of the plaintiffs, Judge Burroughs recommended that they pursue their displeasure about Whole Foods' dress code outside of court. Plaintiffs could do this by creating social awareness or petitioning the company to change its uniform dress code.
The grocery store chain expressed their agreement with Judge Burroughs' ruling by sharing on the news outlet The Hill, "We remain dedicated to ensuring our team members feel safe and free from discrimination and retaliation at Whole Foods Market. We agree with the court's decision and appreciate their time and attention.”
