Whole Foods says ‘Black Lives Matter’ mask ban protected by First Amendment

Whole Foods has claimed that it has the right to ban employees from wearing “Black Lives Matter” masks, arguing that a federal labor board’s attempts to force the company to allow the message violate the First Amendment.

The Amazon-owned grocery chain denied any wrongdoing in response to a National Labor Relations Board (NLRB) complaint that it had infringed on federal law by enforcing a workplace dress code barring the apparel.

In the Dec. 17 legal filing, Whole Foods accused NLRB general counsel Jennifer Abruzzo of an effort to “compel” speech in violation of the First Amendment.

The grocery chain also accused Abruzzo of “unlawfully infringing upon and/or diluting WFM’s protected trademarks” through her legal action by forcing Whole Foods to allow “political message in conjunction with” its uniforms, Bloomberg reported.

In the filing, Whole Foods argued that the protections offered by the National Labor Relations Act do not extend to “political and/or social justice speech.”

The Amazon subsidiary also claimed that “Black Lives Matter” apparel and related slogans “are not objectively understood to relate to workplace issues or improving working conditions at WFM’s retail grocery stores.”

A Whole Food spokesperson told the Post the dress code bans any visible slogans or logos that aren’t company-related and does not single out the “Black Lives Matter” movement.“

Our dress code policy is designed to ensure we are giving Team Members a workplace and customers a shopping experience focused entirely on excellent service and high-quality food,” a Whole Foods spokesperson said in a statement. “We do not believe we should compromise that experience by introducing any messages on uniforms, regardless of the content, that shift the focus away from our mission.”

The NLRB did not immediately return the Post’s request for comment on the filing.

The dispute is expected to proceed to trial in March.

Whole Foods’ filing came weeks after National Labor Relations Board prosecutors filed a formal complaint against the company over its dress code policy. In the complaint, labor officials said the company illegally barred several employees from displaying “Black Lives Matter” apparel and punished those who did.

The federal complaint alleged Whole Foods illegally stopped employees from participating in “in concerted activities for their mutual aid and protection.”

In July, the Senate confirmed Abruzzo, a Biden appointee, to a four-year term as the NLRB’s general counsel. In October, Abruzzo asserted during a webinar that federal labor laws should protect employees who engage in certain political or social justice advocacy in the workplace.

Whole Foods’ policy toward “Black Lives Matter” apparel triggered a series of legal challenges in recent months. Last February, a judge dismissed a lawsuit from 27 plaintiffs who accused Whole Foods of selectively enforcing its dress code policy, Reuters reported.

At the time, the judge determined Whole Foods’ actions did not constitute racial discrimination in the workplace.