A federal lawsuit against Whole Foods Market accuses the supermarket chain of retaliating against its employees when it prohibited them from wearing Black Lives Matter face covers while they worked.
BOSTON – Whole Foods Market discriminated against its employees when it prohibited them from wearing Black Lives Matter face covers while they were at work, according to a federal lawsuit filed Monday in Boston.
The supermarket chain disciplined, intimidated and retaliated against workers who were in solidarity with the racial justice movement that had a resurgence of support following the death of George Floyd in Minneapolis in May, according to the lawsuit.
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.
Whole Foods in a statement said employees “must comply with our old company dress code, which prohibits any motto, message, logo, or visible advertising that is unrelated to the company, on any article of clothing.”
But the plaintiffs say the company has allowed other messages on workers’ clothing, including pins and rainbow flags, and names and logos of sports teams.
“Whole Foods’ actions against its employees are not only illegal but shameful,” Shannon Liss-Riordan, lead attorney for the plaintiffs, said in a statement.
Whole Foods “selectively and arbitrarily” enforced the dress code to specifically suppress the Black Lives Matter message, he said.
The 14 plaintiffs work in stores in Cambridge, Massachusetts; Bedford, New Hampshire; Berkeley, California; and Seattle More plaintiffs are expected to join.
Savannah Kinzer, one of the plaintiffs, said she was fired from the Cambridge store for wearing a Black Lives Matter mask.
The complaint requests an immediate court order against employee retaliation and dismissal, as well as compensatory damages and late payments.
Whole Foods in an emailed statement said it was unable to comment on pending litigation and denied that it fired Kinzer, or anyone else, for wearing a Black Lives Matter mask, but for not working their assigned shifts.
The company does not tolerate retaliation, according to the statement. “We recognize, respect and take steps to ensure that we do not affect the legal rights of employees,” the statement said.
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