A federal judge tossed out a lawsuit on Monday by a trio of former Whole Foods employees who argued they had been illegally fired for opposing a workplace ban on masks that include the phrase “Black Lives Matter” on them.
U.S. District Judge Allison Burroughs of Boston couldn’t find substantial evidence to show Whole Foods did not act without “legitimate business explanations” for its strictly enforced dress code, along with no significant evidence the plaintiffs were targeted for firing in summer 2020.
“This holding is not about the importance of the Black Lives Matter message, the value of Plaintiffs’ advocacy in wearing the masks, the valor of their speaking out against what they perceived to be discrimination in their workplace, or the quality of Whole Foods’ decision-making,” Burroughs, an appointee of President Barack Obama, wrote in her 28-page decision.
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Rather, Burroughs said the case is about whether the plaintiffs’ account can support “three retaliation claims under Title VII.”
“Here, the Court finds that no reasonable jury could conclude by a preponderance of the evidence that Whole Foods’ reasons for Plaintiffs’ terminations were pretextual and motivated by discriminatory animus.”
Whole Foods endured walkouts and social justice protests in 2020 after it disallowed its workers to wear masks with “Black Lives Matter” written on them following the murder of George Floyd, which a jury later determined was caused by Minneapolis police officer Derek Chauvin.
The three employees named in the lawsuit sued after they were fired for violating the company’s dress code.
The judge presiding over the case previously tossed out all but of the employees’ retaliation allegations against the company in a ruling that was upheld on appeal. That remaining claim, brought by an employee at a Whole Foods in Cambridge, was dismissed Monday on summary judgment.
Before they were fired, the three employees either filed legal complaints or issued threats to do so. They also held press conferences critical of Whole Foods’s dress code and led employee protests against the company’s rule.
Burroughs underscored that the plaintiffs did not identify one “similarly situated” who violated the dress code in a similar manner around the same time and was “treated differently” than the plaintiffs.
“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 added.
Whole Foods released a statement to the media, noting its policy is intended not to “single out” political messages or statements.
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“Our dress code policy does not single out any one message or slogan,” a Whole Foods spokesperson said. “It is designed to create a workplace and shopping experience focused entirely on excellent service and high quality food.”
The Washington Examiner contacted Whole Foods for a response.
