New Ruling Says Home Depot Broke The Law When It Barred Workers From Wearing BLM Logos On Uniforms – Essence

The National Labor Relations Board has ruled that Home Depot violated the law by firing an employee who refused to remove the letters BLM, the acronym for Black Lives Matter, from his work uniform.

The NLRB ruled in their decision that employees wearing the letters BLM on their attire was a protected concerted activity to protest the racial injustice that took place at the store from August 2020 to February 2021.

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, NLRB Chairman Lauren McFerran said in a statement about the decision. It is equally clear that an employee who acts individually to support a group protest regarding a workplace issue remains protected under the law.

Private employers must comply with collective bargaining laws by the NLRB, which has a five-member board in Washington that resolves labor disputes. The board currently only has four members.

According to the NLRB judgment, a Home Depot manager told workers they had to remove their BLM letters because it violated the companys dress code. Huffington Post reports that one employee was told that if they wore BLM on their uniforms, then management would have to let others wear swastikas, according to trial testimony.

In a statement, Home Depot said it disagrees with the decision. The Home Depot is fully committed to diversity and respect for all people. We do not tolerate any kind of workplace harassment or discrimination, a spokesperson said.

The labor boards judgment overturned an earlier ruling by an administrative law judge who heard the case and decided that the workers BLM protest was not protected since it was not directly related to workplace matters.

We reject that reasoning, the board members wrote. Neither the origins of BLM messaging, nor its primary use, dictate how the BLM marking may be used or understood in a particular workplace context (or, indeed, in a broader setting).

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New Ruling Says Home Depot Broke The Law When It Barred Workers From Wearing BLM Logos On Uniforms - Essence