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Whole Foods argues it can ban BLM masks because the Supreme Court let a Christian business owner refuse same-sex couples

By
Josh Eidelson
Josh Eidelson
and
Bloomberg
Bloomberg
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By
Josh Eidelson
Josh Eidelson
and
Bloomberg
Bloomberg
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September 13, 2023, 7:33 PM ET
Whole Foods doesn't want employees to wear BLM masks.
Whole Foods doesn't want employees to wear BLM masks. Justin Sullivan/Getty Images

Amazon.com’s Whole Foods Market doesn’t want to be forced to let workers wear “Black Lives Matter” masks and is pointing to the recent US Supreme Court ruling permitting a business owner to refuse services to same-sex couples to get federal regulators to back off.

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National Labor Relations Board prosecutors have accused the grocer of stifling worker rights by banning staff from wearing BLM masks or pins on the job. The company countered in a filing that its own rights are being violated if it’s forced to allow BLM slogans to be worn with Whole Foods uniforms.

Amazon is the most prominent company to use the high court’s June ruling that a Christian web designer was free to refuse to design sites for gay weddings, saying the case “provides a clear roadmap” to throw out the NLRB’s complaint.

The dispute is one of several in which labor board officials are considering what counts as legally-protected, work-related communication and activism on the job.

The Fortune 500 Innovation Forum will convene Fortune 500 executives, U.S. policy officials, top founders, and thought leaders to help define what’s next for the American economy, Nov. 16-17 in Detroit. Apply here.
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