Whole Foods ‘Agitator’ Axed After BLM Mask Draws Judges’ Eyes

December 5, 2023, 6:01 PM UTC

A Whole Foods Market Inc. supervisor’s testimony about disciplinary discretion could save an employee lawsuit alleging the company retaliated against them after they repeatedly refused to take off “Black Lives Matter” face masks, the First Circuit suggested.

Three workers at a Cambridge, Mass., Whole Foods were fired after continuing to wear “Black Lives Matter” masks in spite of Whole Foods’ dress code blocking employees from wearing most clothing with writing on it. One of them was allegedly characterized as an “agitator” by the company’s senior leadership for organizing protests, making speeches, and speaking with the media about company policies.

“The ...

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