The court dismissed the case, explaining that the Whole Foods policy was applied to all employees, irrespective of race, and thus did not violate Title VII’s prohibition against discrimination because of a person’s race. The court also dismissed most of the retaliation claims, because the BLM message was not directed at a Whole Foods policy, but rather against social injustice in the wake of the George Floyd killing. As such, the policy did not implicate Title VII’s prohibition against retaliation.
Private sector employers may generally prohibit the expression of political views without running afoul of anti-discrimination laws. But the right is not unlimited. By example, pro-union expressions may be protected by the National Labor Relations Act. Before implementing such a policy, employers should reach out to legal counsel to ensure a lawful and safe course of action.
Do You Have Questions?
Contact Cavitch employment attorneys Max Dehn, [email protected], Komlavi Atsou, [email protected], and Madilyn Maruna, [email protected]