1st Circumscription Claims Whole Foods wins in workers’ BLM mask case

By Hailey Konnath (June 28, 2022, 11:25 p.m. EDT) — The First Circuit ruled Tuesday that a Massachusetts federal court was correct in dismissing allegations of discrimination against Whole Foods workers stemming from the discipline of employees who wore face of Black Lives Matter masks at work, there could be plausible non-race reasons for dress code enforcement.

The three-judge panel upheld the district court’s decision, although it noted that its rationale differed somewhat from the lower court’s decision. Ultimately, the First Circuit said workers’ claims that their employer was selectively enforcing its dress code against those supporting Black Lives Matter were more about suspicious timing than selective enforcement. And…

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