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A court in Massachusetts held that Whole Foods did not violate Title VII when it told employees they could not wear apparel referring to the Black Lives Matter movement while at work. This demonstrates the limits of Title VII protections against race discrimination and retaliation.
Frith et al. v. Whole Foods Market Inc. et al., may prove to be the tip of the iceberg when it comes to employee discrimination claims. At issue in the polarizing case decided in a Massachusetts federal court was whether Whole Foods violated federal discrimination laws when it barred employees from expressing support for the Black Lives Matter movement by wearing masks and apparel referencing BLM.
On February 5, 2021, Judge Allison D. Burroughs ruled that the multinational supermarket s policy and its enforcement of the policy did not violate federal civil rights laws. In her 21 page opinion, Judge Burroughs pointed out that the case was a First Amendment claim shoehorned into a civil rights case because free speech protections do not extend into the private workplace.