News & Analysis as of

Employment Policies Black Lives Matter

Whitman Legal Solutions, LLC

2024 Brought Heightened Awareness of Political Speech in the Workplace

Employers will continue to difficult decisions about setting the tone and culture of their workplaces (which may involve taking a stand on political issues) and how to minimize business disruptions due to employee disputes....more

Kohrman Jackson & Krantz LLP

A Lesson in Employee Rights: NLRB Ruling Against Home Depot’s Dress Code Enforcement

The National Labor Relations Board (NLRB) has ruled that a Minnesota Home Depot Store broke the law by telling an employee to remove a “BLM” marking from their work apron. The NLRB has recently decided in Home Depot USA, Inc....more

Arnall Golden Gregory LLP

NLRB Holds Home Depot Broke the Law by Banning “BLM” From Employee’s Apron

Recently, the National Labor Relations Board (“NLRB”) ruled that Home Depot — “Where Doers Get More Done” — had done too much when it discharged an employee, Antonio Morales, for refusing to remove the hand-drawn letters...more

BakerHostetler

Next Up in the NLRB’s Line of Fire: Protection for Employee Displays of Religious, Social, and Political Messaging

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On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the...more

Baker Donelson

NLRB Finds That Writing "BLM" on an Employee Uniform is Protected by the NLRA

Baker Donelson on

In a case issued on February 21, 2024, the National Labor Relations Board (NLRB or the Board) has continued its expansion of the definition of "protected, concerted activity" under Section 7 of the National Labor Relations...more

Proskauer - Labor Relations Update

It’s Protected: NLRB Finds “Black Lives Matter” Insignia on Employee Uniform Constitutes Protected Activity Under Circumstances

The National Labor Relations Board (“NLRB”), in a 3-1 decision, held that an employee’s display on their work uniform of “BLM,” an acronym for Black Lives Matter, constituted protected concerted activity under Section 7 of...more

Troutman Pepper Locke

Chapter Two: Federal District Court Again Finds Employer Did Not Violate Title VII in Prohibiting Black Lives Matter Attire

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Q. Have there been any updates since the federal court previously determined that the employer did not violate Title VII in prohibiting employees from wearing Black Lives Matter and other social justice attire to work?...more

Parker Poe Adams & Bernstein LLP

Federal Court Rejects Claims by Employees Allegedly Fired for Wearing BLM Masks

In February 2021, we wrote about Kinzer, et al. v. Whole Foods Market, Inc., a case pending in Massachusetts federal court in which multiple employees alleged that they had been terminated by Whole Foods for wearing Black...more

Troutman Pepper Locke

BLM Messaging on Face Masks in the Workplace

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Q: Have any courts addressed a company’s ability to regulate the type of masks that employees wear at work?...more

Verrill

BLM-Masked Employees of Whole Foods Lose Race Bias Appeal Regarding Dress Code

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Last week, the U.S. Court of Appeals for the First Circuit in Boston dismissed the appeal of a group of Whole Foods employees who were disciplined for wearing face masks with the phrase “Black Lives Matter” at work. In Frith...more

Ballard Spahr LLP

Allegheny Port Authority’s BLM Mask Ban Likely Unconstitutional 

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On June 30, the Third Circuit ruled that Allegheny Port Authority’s (Port Authority) policy prohibiting political and social adornments on employee uniforms is likely unconstitutional....more

Genova Burns LLC

Digital Walls Surrounding Speech on Social Media Crumble: NJ Appellate Division Upholds Employee Termination for Racist Facebook...

Genova Burns LLC on

On May 20, 2022, in McVey v AtlantiCare Medical System, the New Jersey Appellate Division Panel affirmed the dismissal of an employee’s case holding that her termination was not in violation of the protections afforded to...more

Whitman Legal Solutions, LLC

Can Employers Stop Employees from Taking a Stand on the War in Ukraine or Require Them to Support the Employer’s Position?

Throughout the United States, businesses perceived to be Russian are being targeted, presumably by people opposing the war in Ukraine. Russian House restaurant in Washington, DC—whose owner is a United States citizen—received...more

Mitratech Holdings, Inc

Tips on Navigating Black Lives Matter in the Workplace

George Floyd. Jacob Blake. As racial tension continues to escalate, more and more American workers are demanding Corporate America to take action. Silence is no longer an option. ...more

CDF Labor Law LLP

Investigating Employee Misconduct In The Age of “Cancel Culture”

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What is “cancel culture”? During the last few years, there has been a groundswell of cultural movements seeking to rectify transgressions against traditionally marginalized groups, including women, Black people, members of...more

Parker Poe Adams & Bernstein LLP

Court Dismisses Claims Against Whole Foods for Ban Impacting Black Lives Matter Masks

On February 5, a federal court in Massachusetts entered an order dismissing Title VII claims brought against Whole Foods by a number of employees who were disciplined for wearing masks or other items supportive of the Black...more

Verrill

Support for the Black Lives Matter Movement: Affinity Groups at Work

Verrill on

This is the seventh post in a 12-part series on how companies can show support for the Black Lives Matter movement by changing company policies and practices. This post focuses on creating effective affinity groups to assist...more

Bradley Arant Boult Cummings LLP

US Regional Employment 2020: Tennessee - Chambers USA Regional Practice Guide

Law and Practice - The 2020 Chambers US Regional Employment Guide features guidance on employment law across 14 states and includes a unique state comparison tool for readers. The guide provides expert legal commentary on...more

Hinshaw & Culbertson - Employment Law...

Five Issues for Employers to Consider as Political and Social Activism Surges in the Workplace

Six months into a global pandemic, employers across the United States continue to deal with a series of new economic realities. More employees are working from home, with companies continuing to reevaluate their business...more

Constangy, Brooks, Smith & Prophete, LLP

Illegal or ill-mannered? Title VII meets Ms. Manners

Is it discriminatory to discipline employees for wearing #BLM face masks? When does Supervisor Karen cross the line from rude into discrimination? And join us to count down the top eight things you should never, ever say in...more

Verrill

Support for the Black Lives Matter Movement: Include Hair Style and Texture In Anti-Discrimination Policies

Verrill on

This is the sixth post in a 12-part series on how companies can show support for the Black Lives Matter movement by changing company policies and practices. This post focuses on the importance of updating grooming/personal...more

Verrill

Support for the Black Lives Matter Movement: Third-Party Intervention Training

Verrill on

This is the fifth post in a 12-part series on how companies can show support for the Black Lives Matter movement by changing company policies and practices. This post focuses on the importance of third-party intervention...more

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