February 28, 2024
On February 21, the National Labor Relations Board (NLRB) ruled that Home Depot violated the National Labor Relations Act (NLRA) when it prohibited an employee from wearing an apron that said “BLM” in support of the Black Lives Matter movement. The employee resigned after refusing to remove it.
In a 3-1 decision, the NLRB said the worker had a right to display the handwritten insignia because it came amid complaints from a group of employees about racial discrimination. The NLRB called the employee’s refusal to remove the writing “concerted” because it was a “logical outgrowth” of previous employee protests about racial discrimination in their workplace and because it was an attempt to bring those group complaints to the attention of Home Depot managers.
As a result of the ruling, Home Depot was ordered to:
- Reinstate the employee.
- Provide back pay to the employee.
- Compensate the employee for any adverse tax consequences.
- Stop prohibiting its workers from taking part in “protected concerted activities.”
As always, if you have any questions or concerns regarding this or any other employment matter, please contact Dean E. Leazenby at Warrick & Boyn, LLP.