New York – Home Depot, an Atlanta-based company, has been found to have violated federal labor laws by firing an employee for refusing to remove a hand-drawn “BLM” (Black Lives Matter) logo from his work apron, according to a ruling by the National Labor Relations Board. The board determined that the employee’s act of defiance was considered “concerted,” as it stemmed from previous joint protests by employees against racial discrimination in the workplace. The symbol was seen as an attempt to draw attention to the collective grievances of the group. The board also argued that the employee’s action was in the interest of “mutual aid or protection” since it involved working conditions affected by racial discrimination.
Chairman Lauren McFerran highlighted that workers have the right to collaborate in order to improve their working conditions, including protesting racial discrimination. She emphasized that an employee’s individual support for a group protest regarding a workplace issue is protected by the law. Unfortunately, Home Depot could not be reached for comment on the ruling.
The controversy surrounding the right to wear apparel with symbols relating to the Black Lives Matter movement has been a significant concern since the killing of George Floyd last year. In February 2021, a lawsuit filed by Whole Foods Market employees who claimed the company had discriminated against them by prohibiting the use of Black Lives Matter face coverings on the job was dismissed by a federal judge. The employees, represented by over two dozen current and former workers from 11 different stores nationwide, accused Whole Foods of violating Title VII of the federal Civil Rights Act.
American Airlines, on the other hand, made an announcement in 2020 that it would allow employees to wear Black Lives Matter pins on their uniforms. The company, along with Starbucks and Delta Air Lines, among others, enabled employees to express support for the movement protesting police violence against Black individuals.
The ruling against Home Depot highlights the protection of workers’ rights to voice their concerns and advocate for improvements in working conditions, including addressing racial discrimination. It serves as a reminder that individual actions supporting collective protests are safeguarded by federal labor laws.