(Reuters) – Whole Foods Market was sued Monday by employees who accused the supermarket chain of punishing workers who wear “Black Lives Matter” face masks at work.
FILE PHOTO: Charles Thompson, an employee who says he was written for wearing a “I can’t breathe” mask last week, protests with his coworkers outside of South Lake Union Whole Foods against the administration of the store that does not allow workers wear Black Lives Matter clothing after death in Minneapolis in George Floyd police custody, Seattle, Washington, USA June 25, 2020. REUTERS / Lindsey Wasson
The 14 plaintiffs in the proposed national class action charged Whole Foods, a unit of Amazon.com Inc (AMZN.O), sending workers home without pay or imposing disciplinary measures for wearing masks and related clothing.
Whole Foods said the masks violate their old dress code that prohibits clothing with “slogans, messages, logos or visible advertising” not related to the company.
But the complaint filed in Boston federal court said Whole Foods has selectively applied its code and is seeking a court order to prevent it from targeting Black Lives Matter supporters.
Savannah Kinzer, a white plaintiff, said she was fired Saturday after organizing her co-workers to protest Whole Foods in Cambridge, Massachusetts.
“Many companies are making enthusiastic statements about how they support Black Lives Matter and the protests that have rocked the country,” Shannon Liss-Riordan, an attorney for the plaintiffs, said in an interview. “Whole Foods and Amazon have portrayed themselves as advocates of racial justice, but when their employees try to speak, they are shocked.”
A Whole Foods spokeswoman declined to discuss the lawsuit, but said the company has “zero tolerance” for retaliation. She also said Kinzer was fired for being late and for missing shifts.
Kinzer disputed this, saying Whole Foods has allowed employees to wear masks with political messages and sports team logos, and that she wear a mask with the phrase “The soup is good,” without incident.
The plaintiffs come from four states and various racial and ethnic backgrounds. More applicants are expected.
The Black Lives Matter protests gained new strength after George Floyd’s May 25 death in Minneapolis, where a police officer nailed his neck to the ground.
On June 3, Amazon said “Black lives matter” and announced a $ 10 million donation to social justice organizations.
The case is Frith et al v Whole Foods Market Inc, United States District Court, District of Massachusetts, No. 20-11358.
Report by Jonathan Stempel in New York; Editing by Jonathan Oatis and Matthew Lewis
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