The National Labor Relations Board recently ruled that Home Depot violated the law by forcing workers to remove Black Lives Matter from their attire.
Announced Wednesday, the final verdict declared that the chain broke the law when they told employees that they could not have garb featuring the Black Lives Matter “BLM” sign on their clothing.
According to the board, the employees were addressing race issues with management, declaring it as “protected concerted activity.” Under this, the employees are protected by Section 7 of the National Labor Relations Act which recognizes the rights of employees to darn messaging of issues related to “employment, unionization, and other protected matters.”
With the latest decision, the National Labor Relations Board-also known as the NLRB-ordered Home Depot to reinstate and back pay the employee who resigned in response to the company’s complaint about BLM garb.
The case first began during the Black Lives Matter protests that were held following the murder of George Floyd. In the Minnesota Home Depot store, the company targeted the employees who wrote “BLM” on their orange aprons.
Reportedly, there were other instances of “racially discriminatory conduct.” Antonio Morales, the employee who was forced to resign, said that he was told to keep an eye on a Black customer because “people of Somali descent were more inclined than others to steal,” per CNN.
The latest decision overturns a previous decision made that protected the company’s actions. In an earlier ruling, a judge declared that the workers weren’t protected because BLM didn’t apply to issues in the store and referred to a “societal concern” only.
In response to the recent NLRB ruling, a spokesperson for Home Depot denounced the verdict.
“The Home Depot is fully committed to diversity and respect for all people,” said the spokesperson. “We don’t tolerate any kind of workplace harassment or discrimination.”
The new announcement by the NLRB comes approximately two months after they ruled that the ban on BLM garb by Whole Foods Market didn’t violate the rights of the workers.
Administrative Law Judge Ariel Sotolongo said that the employees’ support of BLM didn’t directly relate to a goal they were trying to achieve concerning their employment. The judge also further protected the food chain by claiming that their ban was broad enough to include other topics, including pins supporting unions.
The ban was upheld in Whole Foods stores across the nation, including states like Maryland, New Jersey, Georgia, Washington and California.
Employers were told to remove their garb showing support or “clock out,” leading to numerous employers racking up “violations” that lead to them being discharged.
Following the judge’s decision, attorney Shannon Liss-Riordan, who argued in support of the employees, said that they’ll be working on exploring other options for justice.
