Employer Can Lawfully Bar Political Statements on Uniforms

A federal appellate court backed Home Depot in blocking an employee from wearing the store’s orange apron with BLM written on it in marker in support of Black Lives Matter. The employee handbook noted that “the apron is not an appropriate place to promote or display religious beliefs, causes or political messages unrelated to workplace matters.” The manager told the employee that the lettering violated the dress code policy, saying that allowing a “BLM” message at work would also require permitting other symbols employees wanted, including a swastika. The employee resigned and then filed unfair labor practice charges with the NLRB. Eventually, the case reached a federal appeals court. While the employee argued the lettering was free speech, but the judge wrote: “This is a business decision made to preserve the store’s apolitical face to customers and to safeguard employee safety in a risk-filled environment.” #IdeaoftheDay

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