Posted on January 25, 2023

Judge Dismisses Whole Foods Workers’ Lawsuit Over ‘Black Lives Matter’ Masks

Jonathan Stempel, Reuters, January 23, 2023

A federal judge on Monday dismissed a lawsuit by three former Whole Foods employees who said they had been illegally fired for opposing the upscale grocery chain’s alleged discriminatory discipline of workers who wore “Black Lives Matter” masks.

U.S. District Judge Allison Burroughs in Boston found little evidence to refute Whole Foods’ “legitimate business explanations” for strictly enforcing the dress code, and no significant evidence it had targeted the plaintiffs by firing them in the summer of 2020.

“The evidence demonstrates only that Whole Foods did not strenuously enforce the dress code policy until mid-2020, and that when it increased enforcement, it did so uniformly,” Burroughs wrote in a 28-page decision.


Whole Foods, part of Inc (AMZN.O), has long maintained that its adopted its dress code–which also covered visible slogans, logos and ads–to foster a welcoming, safe and inclusive shopping environment.

Burroughs said the former employees Haley Evans, Savannah Kinzer and Christopher Michno could not claim protection from retaliation under Title VII of the federal Civil Rights Act of 1964.