Posted by Kyara Syed.
On February 21, 2024, the National Labor Relations Board ruled that Home Depot violated the National Labor Relations Act. Home Depot prohibited an employee from wearing an apron displaying “BLM” in support of the Black Lives Matter movement. The NLRB (National Labor Relations Board) deemed the employee’s action protected under the National Labor Relations Act because the action was part of a group effort to address racial discrimination in the workplace. NLRB Chairman Lauren McFerran supported this, “It is well-established that workers have the right to join together to improve their working conditions—including by protesting racial discrimination in the workplace,” (National Labor Relations Board). As a result, Home Depot is ordered to rehire the employee, provide back pay, compensate the employee for any adverse tax consequences, and ultimately stop prohibiting workers from engaging in protected-concerted activities.
The ruling is interesting, especially since it yielded opposite results with previous cases involving BLM attire. In 2020, Whole Foods disciplined its employees for wearing marks, pins, and other accessories with the “Black Lives Matter” slogan. The NLRB conducted its investigation and concluded that Whole Foods was not wrongful and did not violate the labor rights of its employees. An administrative law judge with the NLRB, Ariel Sotolongo claimed that wearing the apparel did not have to do “with their employment or working conditions.” (National Labor Relations Board). The NLRB found that Whole Foods was trying to avoid any controversy and conflict at its stores, that the attire related to BLM may have brought. On the other hand, though, in 2023, Fred Meyer Stores were deemed to have illegally disciplined its employees for wearing buttons, face masks, and other accessories expressing support for the Black Lives Matter Movement, violating their rights to voice opinions about working conditions.
As we see, there is no one-size-fits-all solution to navigating employee expression in the workplace. The NLRB is employee-friendly, indicating a pro-employee approach and commitment to protecting and expanding employee’s rights in the workplace. The NLRB advocates and promotes practical solutions rather than rigid ones. To try to prevent legal issues, companies should ensure both management and employees understand the policies and enforce the dress code consistently because discrepancies can lead to discrimination or retaliation lawsuits. Ultimately, companies need to be aware of potential NLRB-related issues and consider them when resolving workplace disputes, especially in states lacking widespread union presence like Florida.
Kyara is a finance and IT management double major at the Stillman School of Business, Seton Hall University, Class of 2025.
https://www.shrm.org/topics-tools/news/inclusion-equity-diversity/home-depot-black-lives-matter