A group of current and former Whole Foods Market employees have filed a federal lawsuit alleging that their civil rights were violated when they were not allowed to wear masks, pins, and clothing printed with “Black Lives Matter.”
The attorneys who filed the class action lawsuit in the US District Court in Boston are also asking the court for a preliminary restraining order that prevents the grocery store from shooting or penalizing someone for wearing BLM clothing. The lawsuit alleges that at least one employee lost his job due to his stance, an allegation that the grocery company denies. Others are also at risk of unemployment, according to the lawsuit.
Ana Belén Del Río-Ramírez of Oakland, one of the plaintiffs, worked at Whole Foods on Telegraph Avenue in Berkeley until July 18. She was wearing a Black Lives Matter brooch and she refused to take it off when the store manager Ramírez asked her to. said. The manager asked if Ramírez would ever change his mind, and when she said no, the two agreed that this would be their last day on the job. Ramírez had been working for Whole Foods since 2016.
Part of Ramírez’s frustration comes from the inconsistency of Whole Foods’ policy, he said. In June, he had embroidered a mask with “Black Lives Matter” and was allowed to wear it. For much of June and July, numerous workers at the Telegraph Avenue store wore BLM clothing, he said. Then on July 17, the store’s management informed everyone that they could not wear garments with slogans, according to company policy.
The edict came despite the cover of the Whole Foods Market website, which says: “Racism has no place here.”
“It is confusing for the team members,” said Ramírez. “Why can they (Whole Foods) say they represent the black community on their website (and in certain stores, they have a banner) while team members can’t show their support for Black Lives Matters and members of the black team?
This policy has its roots in racism and discrimination and I do not support it, ”said Ramírez. “The reason they pulled out of this policy or are applying it is in reaction to our wearing Black Lives Matter masks.”
Another Whole Foods worker encountered a similar situation at the Gilman Street store. A manager asked Jordan Baker to remove the mask with BLM printed on it. He posted about the situation on Instagram and on Friday hundreds of people demonstrated outside the store to protest. Since then, Baker quit his job, according to his Instagram account.
Company policy prohibits employees from wearing clothing with any brand or political logos, a Whole Foods spokesperson told Berkeleyside last week. The lawsuit claims that the company may have that policy, but routinely ignored it and allowed people to wear rainbow clothing and LGBTQ slogans.
“Whole Foods has not implemented its dress code policy, which it now claims justifies its actions, and has allowed employees to use other messages, including political messages and support for LGBTQ + employees, without repercussions,” the request read. a court order. “Only when employees began organizing to wear Black Lives Matter masks in the workplace, Whole Foods began to apply its dress code policy seriously.”
The company disciplined employees for wearing BLM masks and clothing, according to the lawsuit. Management sent employees home without pay, gave them disciplinary points, and forced them to retrain.
A Massachusetts employee Savannah Kinzer was fired for his insistence on wearing a Black Lives Matter mask, according to the lawsuit. She used one to work on June 24 and was told to take it off or go home, according to Salon. She left but returned the next day and handed BLM masks to her coworkers. When asked to take them off or leave, dozens left. She was later fired, according to a press release.
A company spokesperson denied that Kinzer was fired for wearing a BLM mask.
“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,” the company said in a statement. “Savannah Kinzer was separated from the company for repeatedly violating our Time and Attendance policy by not working her assigned shifts, reporting late to 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 lawsuit alleges that Whole Foods is violating plaintiffs’ rights under Title VII of the Civil Rights Act of 1964 that “prohibits employers from discriminating against any individual” on the basis of their race. ” Title VII also prohibits discrimination against those who support the “protected class,” and prohibits retaliation against people who perform a protected activity, in this case, their right to speak, said Shannon Liss-Riordan, an attorney for Lichten & Liss -Riordan, who filed the lawsuit.
“Whole Foods’ decision to discipline its workers for wearing Black Lives Matter masks and messages is racial discrimination because it is selectively applying its dress code in a way that discriminates against black employees who defend themselves and non-self-employed employees. blacks associate with them and express their support for their black coworkers, “according to the lawsuit.
The firm also filed a complaint with the National Labor Relations Board stating that Whole Foods is interfering with workers’ actions to improve their working conditions, Liss-Riordan said.
The lawsuit named 14 plaintiffs in the case, the majority from Massachusetts. But as word gets out, many more current and former Whole Foods employees are reaching out to the law firm for more, Liss-Riordan said.
US Senator Edward Markey of Massachusetts and Representative Ayanna Pressley issued statements supporting the right of workers to wear Black Lives Matter clothing.
Assemblywoman Buffy Wicks also tweeted her support for this issue.
#BlackLivesMatter is not a “catchphrase” or a “logo”. It is a call for basic human rights.
I am with everyone who gathered to show solidarity with @WholeFoods employees who were denied the right to wear masks or clothing that says #BLM.
More @ en.wikiarquitectura.com
– Buffy Wicks (@BuffyWicks) July 18, 2020
