Whole Foods argues it can ban BLM masks because the Supreme Court let a Christian business owner refuse same-sex couples - eviltoast

Amazon.comā€™s Whole Foods Market doesnā€™t want to be forced to let workers wear ā€œBlack Lives Matterā€ masks and is pointing to the recent US Supreme Court ruling permitting a business owner to refuse services to same-sex couples to get federal regulators to back off.

National Labor Relations Board prosecutors have accused the grocer of stifling worker rights by banning staff from wearing BLM masks or pins on the job. The company countered in a filing that its own rights are being violated if itā€™s forced to allow BLM slogans to be worn with Whole Foods uniforms.

Amazon is the most prominent company to use the high courtā€™s June ruling that a Christian web designer was free to refuse to design sites for gay weddings, saying the case ā€œprovides a clear roadmapā€ to throw out the NLRBā€™s complaint.

The dispute is one of several in which labor board officials are considering what counts as legally-protected, work-related communication and activism on the job.

  • @serial_crusher@lemmy.basedcount.com
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    34ā€¢10 months ago

    Why does anybody think itā€™s a good idea to wear political statements into work? Just do your job.

    Imagine if you ran a business and one of your customer-facing employees showed up in a MAGA hat. Youā€™d probably want them to leave it at home right?

    • Metal Zealot
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      28ā€¢10 months ago

      You think equal rights and fair treatment for all is ā€œpoliticsā€?

      • @Kittenstix@beehaw.org
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        6ā€¢10 months ago

        They arenā€™t banning masks that say ā€œequal rights and fair treatment for ALLā€ , they are banning BLM masks, BLM is a political movement/organization.

        • @shiveyarbles@beehaw.org
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          2ā€¢10 months ago

          No BLM is a statement that black lives matter. Thatā€™s completely different from saying, for instance, blue lives matter. One is a race that people are born into and the other is a job. Itā€™s not political, itā€™s a cry for help.

        • @Juno@beehaw.org
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          1ā€¢10 months ago

          Ya itā€™s a political movement that wants cops to stop killing black people.

        • Saik0
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          6ā€¢10 months ago

          So telling someone not to wear a pin is now racist?

            • Saik0
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              4ā€¢10 months ago

              Noā€¦ Itā€™s asking people to adhere to the policies that existed when they were hiredā€¦

              no slogans, logos, or advertising except for Whole Foods branding

              You can literally search ā€œwhole foods dress codeā€ and find reddit posts of people discussing this YEARS ago.

              https://www.reddit.com/r/wholefoods/comments/mdcifx/dress_code/

              This is nothing newā€¦ Itā€™s a bog standard policy for many places.

                • Saik0
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                  2ā€¢10 months ago

                  LMAO A tankie talking about ā€œboot lickingā€. Thatā€™s hilarious. You worship someone who literally killed my people for no reasonā€¦ And defend it like it was okay. Talk about boot licking.

                • Saik0
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                  2ā€¢10 months ago

                  Signage and displays isnā€™t a violation of dress codeā€¦ So yes. This is different.

                  Iā€™m sure if they decided they could make money off of the BLM movement theyā€™d put up signage and displays for it too. But theyā€™re the oneā€™s paying the billsā€¦ they get to make up the rules in their establishment.

        • @Zippy@lemmy.world
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          1ā€¢10 months ago

          Summer people think MAGA is patriotic. Personally I wouldnā€™t want someone wearing that either.

    • Blake [he/him]
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      22ā€¢10 months ago

      Either employees should be allowed to wear personal accessories to express themselves, or they should not. How do you define what is and is not political?

      • @serial_crusher@lemmy.basedcount.com
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        13ā€¢10 months ago

        Also, this articleā€™s vague, but ā€œno slogans, logos, or advertising except for Whole Foods brandingā€ is Whole Foodsā€™s official dress code. https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/whole-foods-black-lives-matter-mask.aspx

        The plaintiffs were told they had to remove their Black Lives Matter face masks because they violated the dress code, but the workers refused and were sent home. After being sent home several times, they were fired for violating the companyā€™s attendance policy.

        • Blake [he/him]
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          4ā€¢10 months ago

          The problem with all of these things is always unequal enforcement. For example if the store allowed an employee to wear a thin blue line mask, and fired another employee for a BLM mask

          • @freeindv@monyet.cc
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            1ā€¢10 months ago

            if the store allowed an employee to wear a thin blue line mask,

            Except the store didnā€™t do that

              • Saik0
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                10 months ago

                So we donā€™t really know one way or another.

                Itā€™s was a dismissed court caseā€¦ What are you talking about ā€œwe donā€™t knowā€ court records are a thing. You can get them directly by submitting a FOIA request.

                Or just reading the new articles that spawned from the case.

                https://www.reuters.com/legal/judge-dismisses-whole-foods-workers-lawsuit-over-black-lives-matter-masks-2023-01-23/

                ā€œThe 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,ā€ Burroughs wrote in a 28-page decision.

                Thereā€™s no evidence that it was unfairly applied. And if you have such evidence Iā€™m sure you can submit it to the plaintiffā€™s lawyers and theyā€™ll set you up with a sweet payday.

                Whole Foods, part of Amazon.com Inc (AMZN.O), has long maintained that its adopted its dress codeā€“which also covered visible slogans, logos and ads

                Would ALSO cover ā€œthin blue lineā€ as well btwā€¦ Technically it would cover the proper American flag as wellā€¦

      • @serial_crusher@lemmy.basedcount.com
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        5ā€¢10 months ago

        Agreed, if I ran a grocery store chain Iā€™d just have the employees wear uniforms with no personal expression.

        At the end of the day itā€™s the businessā€™s right to set whatever policy they want though. If the government decides employees have a constitutionally protected right to wear whatever they want to wear to work, weā€™re gonna see a lot of crazy bullshit.

        • Blake [he/him]
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          0ā€¢10 months ago

          If the government decides employees have a constitutionally protected right to wear whatever they want to wear to work, weā€™re gonna see a lot of crazy bullshit

          Would it be a bad thing? I think with some sensible exceptions it would be a very good thing to permit free expression as the default.

      • @Zippy@lemmy.world
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        5ā€¢10 months ago

        Up to the business. If they donā€™t want political statements or and statement made at work, I can understand it.

        • Blake [he/him]
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          -2ā€¢10 months ago

          That just means that employers can push their own political agendas and suppress alternatives.

          ā€œEmployees may not wear pins of a political nature, such as expressing support for Joe Biden. Wearing a pin expressing support for Donald Trump is acceptable because that is not political.ā€

          Like I said, it either has to be all or nothing - allow self expression or do not. Allowing self expression only if the company agrees with the expression is essentially compelled speech.

          • @freeindv@monyet.cc
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            -1ā€¢10 months ago

            That just means that employers can push their own political agendas and suppress alternatives.

            Damn straight

    • @chatokun@lemmy.world
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      14ā€¢10 months ago

      So, we can ban crosses? Iā€™m obviously going a bit far, but both somewhat touch on the way people believe rights should be secured, and both involve human rights (one to free expression of religion, another to life and fr33dom from unfair treatment in general). Both make statements to others that others may find uncomfortable, depending on their beliefs.

      • @serial_crusher@lemmy.basedcount.com
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        20ā€¢10 months ago

        ā€¦yes? Why shouldnā€™t a business have the right to ban their employees from wearing a cross? Go work somewhere else if wearing a cross is that important to youā€¦

        • @chatokun@lemmy.world
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          3ā€¢10 months ago

          I mean, I agree, to an extent. As someone else pointed out, the cross banning would never work out in the US, and that shows the difference in how both things are treated here.

      • @HorseWithNoName@lemm.ee
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        3ā€¢10 months ago

        so we can ban crosses

        When thereā€™s comments here bringing up the first amendment and apparently forgetting that it includes that whole thing about not having a national religion, which is exactly whatā€™s happened/continuing to happen with christianity. Itā€™s just a little bit different than ā€œblack lives matter,ā€ which is justā€¦a fact?

    • @unphazed@lemmy.world
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      8ā€¢10 months ago

      Except BLM and LGBTQ isnā€™t political. Itā€™s Civil Rights. This isnā€™t Dem vs GOP, itā€™s ethical vs unethical treatment of humanity. Unfortunately certain individuals in the US portray this as political, but thatā€™s so they can use it as leverage for their goals. You wouldnā€™t say ā€œstop beating a slave and set him freeā€ because your political affiliation says so, you say it because you see a human being suffer.

      • JasSmith
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        2ā€¢10 months ago

        Except BLM and LGBTQ isnā€™t political. Itā€™s Civil Rights.

        Iā€™m sorry but you just sound naive. These are not mutually exclusive. Civil rights are part of politics. All youā€™re arguing is that you think the politics you like should be allowed in the work place, and the politics you donā€™t like should not. Thatā€™s the hottest take in the entire post.

    • @_number8_@lemmy.world
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      5ā€¢10 months ago

      is lemmy being brigaded? seriously, what the fuck is this. ā€œjust do your jobā€ is never an adequate response to worker complaints

      • @HorseWithNoName@lemm.ee
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        5ā€¢10 months ago

        Yeah, Iā€™m seeing this kind of trash on a lot of posts when lemmy was not even close to this bad just a month ago. Itā€™s fucking gross.

      • @kbotc@lemmy.world
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        -1ā€¢10 months ago

        It is odd. Iā€™m a Wilsonian Neocon with the caveat that I understand not everyone can always get what they want, but Lemmyā€™s usually ā€œI hate the US so much that I support Russiaā€ not anti-union shit. I suppose the GOP just made the UAW strike into a political talking point so the bot account goons are trying to steer conversations against unions even when the community never wanted it.

      • @freeindv@monyet.cc
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        -4ā€¢10 months ago

        Ah the old, ā€œan influx of normal opinions not in my extremist progressive echo chamber is brigadingā€

    • @orcrist@lemm.ee
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      5ā€¢10 months ago

      Because workers are more important than the businesses they work for, obviously.

    • Solar Bear
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      3ā€¢10 months ago

      Imagine if you ran a business and one of your customer-facing employees showed up in a MAGA hat. Youā€™d probably want them to leave it at home right?

      I think itā€™s good when people support good things and bad when people support bad things. Amorally applying the rules for their own sake is actually not a virtue; the rules should be oriented to promote good outcomes and discourage bad outcomes. Otherwise, whatā€™s the point?

        • Solar Bear
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          1ā€¢10 months ago

          We all do. We already do this throughout society. Individually we make choices on what is good or bad, and collectively those choices add up and are expressed either in law or social contract.

      • Lifted_lowered
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        0ā€¢10 months ago

        I actually had to talk to the boss and tell him that this managerā€™s motherfucking confederate flag hat made me uncomfortable, like he was a floor manager who wore the stars and bars every day, in a western state that didnā€™t exist during the civil warā€¦ and they didnā€™t say anything to him until a customer complained. He wore that shit for like a month. The good ol boyā€™s club is unreal

    • Monkey With A Shell
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      10 months ago

      Thatā€™s where the constant disclaimers to the effect of ā€˜the views expressed do not nessecarily reflect the position of the company blah blah blahā€™ whenever someone speaks who isnt the principal executive of the organization. The problem being though it doesnā€™t go both ways, when one of the high leaders speaks itā€™s portrayed as ā€˜our company believesā€™ which then at least somewhat implies the employees of said company are in agreement. Individual expression is just leveling the field by letting the employees say 'the views of the company do not reflect my own.

      Itā€™s less common for any smart business to make highly charged statements unless they happen to be sure the majority will support them for it, but not unknown. Iā€™ve seen a couple small ones around here that went as far as to plaster Q slogans all over their signs. From a business perspective they just alienated a major portion of their potential customers without anyone setting foot in the door.

    • @pinkdrunkenelephants@sopuli.xyz
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      -1ā€¢10 months ago

      I would agree with you, but this is pretty blatant far-right bias and with the genocidal turn that camp has taken, itā€™s vitally important to take sides.

      Otherwise, I agree with you.

    • JasSmith
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      -20ā€¢10 months ago

      But if I canā€™t wear my rainbow onesie to work itā€™s literally genocide.

        • @scottywh@lemmy.world
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          14ā€¢10 months ago

          I think thereā€™s a difference between not seeing sarcasm and not finding it amusing (particularly in certain circumstances).

        • Blake [he/him]
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          10 months ago

          Everyone knows theyā€™re being sarcastic, but we also live in a world where itā€™s a crime punishable by death to be LGBTQ+, where mentioning the topic in public is a crime and there are US politicians who have literally called for genocide against LGBTQ+ people, so itā€™s just a shitty thing to say.

          • @freeindv@monyet.cc
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            -3ā€¢10 months ago

            we also live in a world where itā€™s a crime punishable by death to be LGBTQ+,

            Oh yeah, how many whole foods do they have?

            . there are US politicians who have literally called for genocide against LGBTQ+ people

            No theyā€™re arenā€™t. Youā€™re lying

              • Saik0
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                2ā€¢10 months ago

                Michael Knowles, at the CPAC conference

                So when the statement of

                there are US politicians who have literally called for genocide against LGBTQ+ people

                Is madeā€¦ you reference a person who ISNā€™T a politician as your source? What office does Michael Knowles hold?

                  • Saik0
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                    10 months ago

                    Nope. Literally the same fucking comments section you met me in. Itā€™s TOTALLY wild that we meet againā€¦ unheard of.

                    Funny that you didnā€™t actually respond to the commentā€¦ againā€¦ Almost like literally anything you say you canā€™t defend at all.

                    Now the REALLY funny thing is that youā€™ve actually responded to @freeindv@monyet.cc several times too! So if Iā€™m ā€œstalkingā€ youā€¦ then youā€™re stalking them. You can literally fuck off with your dumb bullshit somewhere else.