The National Labor Relations Board recently ruled that Whole Foods didn’t violate federal law by prohibiting its employees from wearing Black Lives Matter (BLM) messaging on their work uniforms or face masks. The case arose in mid-2020 when workers at several stores began wearing BLM-themed masks, shirts, and other clothing to show solidarity with social justice movements. The company directed them to remove the items, citing its long-standing dress code that prohibited slogans or logos on apparel. Workers who refused were sent home and their absences were marked as unexcused, eventually resulting in termination for some employees. The employees argued they were engaging in protected concerted activity under the National Labor Relations Act (NLRA) because they were supporting their coworkers and protesting perceived inequality. However, the Board determined that the employees’ purpose was primarily to address broad societal issues rather than specific workplace concerns, so the conduct wasn’t legally protected (Whole Foods Market, Inc., NLRB, July 2026).
Tips: We previously reported(opens in new tab) a Board decision in 2024 that reached the opposite conclusion for a different national retailer, Home Depot. The current Board didn’t take a position on whether the 2024 case was correctly decided, but said the underlying facts explained the different results. In the Home Depot case, three employees wrote “BLM” on their aprons to bring attention to alleged racial discrimination against Black employees by a supervisor. That direct connection to workplace concerns was lacking in the Whole Foods employees’ actions, the current Board said.
Another point in the company’s favor is that its policy applied only to work time, not breaks or meal periods. See our Legal Guide, Dress Codes(opens in new tab), and contact your Vigilant Law Group employment attorney (if you’re a Vigilant member) with any specific questions about addressing slogans or symbols on employee clothing at work.
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