BOSTON (WHDH) – Whole Foods employees filed a class action lawsuit against the supermarket chain for allegedly disciplining workers wearing Black Lives Matter masks while they worked.
The lawsuit, which was filed in the United States District Court in Massachusetts on Monday morning, was initiated by 14 workers from Cambridge, Bedford, New Hampshire, Berkeley, California and Seattle, Washington, according to a press release.
The plaintiffs are seeking a preliminary injunction that would ban further retaliation against employees who choose to wear Black Lives Matter masks during their shifts.
After the George Floyd murder by police in Minneapolis, Minnesota, many Whole Foods employees began wearing Black Lives Matter masks as a sign of solidarity.
In June, the supermarket chain began to discipline, harass, intimidate and send workers home without pay for wearing the masks, the lawsuit alleges. Some were said to have undergone “corrective counseling”, while others were dismissed.
Store managers cited the company’s dress code, which prohibits slogans or logos not affiliated with the company, as the reason for banning Black Lives Matter messages on employees’ clothing.
The complaint also alleges that Whole Foods’ actions violate the Civil Rights Act’s prohibitions on discrimination and retaliation and request an immediate injunction against employee retaliation and dismissal, as well as compensatory damages and late payments.
“Whole Foods prominently states on its website and on the signs in its stores that ‘racism has no place here,’ but it will not allow employees to express solidarity with the lives of blacks,” said Savannah Kinzer, a plaintiff in the case that claims she was recently terminated by Whole Foods for wearing a Black Lives Matter mask.
Suverino Frith, another Whole Foods employee and plaintiff, noted that “many of the essential workers at Whole Foods are people of color.”
In a statement, a Whole Foods spokesperson said: “While we cannot comment on pending litigation, it is critical to clarify that no team member has been fired for wearing Black Lives Matter masks or clothing. Savannah Kinzer parted ways with the company for repeatedly violating our time and attendance policy by not working her assigned shifts, showing up late for work multiple times in the past nine days, and choosing to leave during her scheduled shifts. It’s just not true that she was separated from the company for wearing a Black Lives Matter face mask. As an employer, we must maintain our policies fairly and consistently. Savannah had a full understanding of our policies and was given a series of opportunities to comply. “
The spokesperson also explained that the policies in place at Whole Foods are to ensure that stores operate in a way that “prioritizes operational safety and maintains a focus on customer service.”
The chain also has zero tolerance for retaliation and recognizes, respects and takes steps to ensure that employees’ legal rights are not affected, according to the spokesperson.
A copy of the lawsuit is attached below:
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