- A group of 14 Whole Foods workers have filed a class action lawsuit alleging that the company discriminated and retaliated against employees wearing Black Lives Matter masks.
- Whole Foods’ “selective enforcement” of its dress code “constitutes unlawful discrimination based on race and employee affiliation and advocacy with black employees,” the lawsuit says.
- Whole Foods said it cannot comment on pending litigation, but denied that any employees have been fired for using the Black Lives Matter equipment. The company also said it has zero tolerance for retaliation.
- “It is essential to clarify that no member of the team has been fired for wearing masks or Black Lives Matter clothing,” said a spokesman for Whole Foods.
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Whole Foods workers have filed a class action lawsuit alleging that the company discriminated and retaliated against employees wearing Black Lives Matter masks.
The federal lawsuit was filed Monday by 14 store employees in Massachusetts, New Hampshire and Washington.
The lawsuit claims Whole Foods managers have banned workers from wearing the masks and, in some cases, disciplined them by sending them home without pay or threatening them with termination.
“Although Whole Foods had not strictly enforced its dress code policy (and had not disciplined employees for using other messages, including political messages), the company began sending employees home without pay for wearing masks. Black Lives Matters, “says the lawsuit. “Whole Foods has threatened employees with layoffs if they continue to wear the masks.”
The lawsuit also claims that employees have commonly used “flags of pride in support of their LGBTQ + coworkers without being disciplined by Whole Foods.”
Whole Foods’ “selective enforcement” of its dress code “constitutes unlawful discrimination based on race and employee affiliation and advocacy with black employees,” the lawsuit says.
The lawsuit requires an immediate court order against the alleged retaliation and dismissal of the employees, as well as compensatory damages and late payments. The plaintiffs also filed a complaint with the National Labor Relations Board alleging that Whole Foods interfered with their right to participate in an effort to improve conditions at their workplace.
Among the plaintiffs is Savannah Kinzer, who said she was fired from Whole Foods of Cambridge, Massachusetts on Saturday for wearing a Black Lives Matter mask to work.
“In addition to being discriminatory, Whole Foods’ policy on Black Lives Matter masks is hypocritical,” Kinzer said in a statement. “Whole Foods prominently states on its website and on the signs in its stores that ‘Racism has no place here,’ but will not allow employees to express solidarity with black lives.”
Whole Foods Says No Employee Has Been Fired For Using Black Lives Matter Equipment
Whole Foods said it cannot comment on pending litigation, but denied that any employee, including Kinzer, has been fired for using the Black Lives Matter equipment.
“It is essential to clarify that no member of the team has been fired for wearing masks or Black Lives Matter clothing,” said a spokesman for Whole Foods. “Savannah Kinzer separated from 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 is simply 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 received a number of opportunities to comply.”
Whole Foods’ dress code policy prohibits employees from wearing clothing with slogans, messages, logos, or visible advertising that is not related to the company.
The company spokesman said Whole Foods has zero tolerance for retaliation and takes steps to ensure that it does not affect the legal rights of employees. Any employee who violates company policy is subject to disciplinary action, the company said.
Workers were asked to take their shirts off “racism has no place here,” said employee
A Connecticut Whole Foods employee, Graham Johnson, recently told Business Insider that his store prohibits a group of its employees from wearing shirts printed with the phrase “racism has no place here.”
When employees showed up to work with their shirts on, management in Milford, Connecticut, Whole Foods told them they had violated the company’s dress code and gave them three options: They could change their shirts inside out, change them entirely, or Going home, said Johnson, who is not among the plaintiffs in the lawsuit.
“The actions of Whole Foods against its employees are not only illegal but shameful,” said Shannon Liss-Riordan, the lead attorney for the plaintiffs who filed the class action. “These essential workers have been asked to put their health at risk during this pandemic, and they have. The Whole Foods decision to selectively and arbitrarily apply its ‘dress code’ to specifically suppress the message that Black Lives Matter it paints a picture of what the company values and that picture is not pretty. “
