Agency Says Home Depot Violated Federal Labor Law by Firing Employee
Pursuant to a ruling from the National Labor Relations Board, an employee’s right to “engage in concerted activities for mutual aid or protection” is protected under federal labor law. That includes a worker’s decision to protest racial discrimination in the workplace. The NLRB ruling involved a worker at Home Depot who drew the letters “BLM,” representing the social justice movement Black Lives Matter, on his work apron. The employee said that he did so both in response to actual racial discrimination in the workplace and in an effort to bring the wrongful conduct to the attention of management.
The Rights of Workers to Improve Working Conditions
Whether or not a worker may display social justice banners, decals or insignia on clothing or wear social justice themed clothing at work has been a significant issue since the Black Lives Matter movement came to national prominence after the death of George Floyd in May, 2020. Many employers, including American Airlines and Delta Airlines, have voluntarily committed to allowing employees to sport BLM and other social justice pins, insignia and clothing. Famously, Starbucks initially banned the practice, but later reversed its position, even going so far as providing 250,000 BLM tee shirts to its employees.
In its ruling, the NLRB cited the “well-established” rule “that workers have the right to join together to improve their working conditions.” The board found protesting racial discrimination on the job to constitute an attempt to improve working conditions. The board also held that employees have such a right regardless of whether they belong to a union.
Let Stephen Hans & Associates Handle Your Employment Law Concerns
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