NLRB says employee had right to put BLM initials on apron – Technologist

The National Labor Relations Board (NLRB) recently ruled that Home Depot violated the National Labor Relations Act (NLRA) when it told an employee not to wear the initials “BLM” on a work apron in reference to Black Lives Matter. Under the NLRA, unless special circumstances exist (such as safety concerns), nonmanagement employees generally have the right to wear slogans on their clothing to show mutual support for each other regarding issues related to wages, hours, and working conditions.

The employee (who identified as Hispanic) and two coworkers wrote “BLM” on their work aprons around September 2020 to express solidarity with Black employees and customers who were treated rudely by a particular supervisor. The employee discussed concerns with coworkers about racist treatment by the supervisor and complained to management. A few months later, in February 2021, posters celebrating Black History Month were displayed in the employee breakroom, but twice were torn down by an unknown person. The employee discussed the vandalism with coworkers and then emailed management to express dismay at the lack of corrective action. In subsequent meetings with management and HR, the employee reiterated concerns of racist treatment by the supervisor and the tepid response to the vandalism in the break room. For the first time since writing the BLM initials on the apron six months earlier, the employee was told that they violated the company’s dress code. The employee responded that wearing the initials seemed the best way to show support for Black employees and customers, and resigned shortly afterward.

The Board ruled that the employee was constructively discharged for engaging in protected concerted activity under Section 7 of the NLRA. The Board said this wasn’t a situation where an employee was advocating for a political cause; rather, this employee drew a direct connection between the BLM initials on the apron and banding together with coworkers to address racial discrimination in the workplace. The Board considered whether any special circumstances might exist that would allow Home Depot to forbid the use of the initials, but found none. Home Depot’s dress code encourages employees to personalize their aprons, with the caveat that the work apron is “not an appropriate place to promote or display religious beliefs, causes or political messages unrelated to workplace matters.” The Board ordered the company to reinstate the employee with full back pay (Home Depot USA, Inc., NLRB, Feb. 2024).

Tips: With a presidential election coming up, it’s likely that employees may want to wear political messages at work supporting a particular party or candidate. Your dress code can still prohibit these, but you should use caution if a slogan potentially has a workplace connection and is worn by nonmanagement employees to address a group concern. See our Legal Guide, Dress Codes, and contact your Vigilant Law Group employment attorney for advice before taking disciplinary action based on employees wearing a slogan on their clothing at work.