Whole Foods wins controversial battle over its strict dress code after three workers are laid off

WHOLE Foods has won a contentious legal battle against three former employees over a Black Lives Matter mask dispute.

Haley Evans, Savannah Kinzer and Christopher Michno claimed their firings were retaliatory and a violation of the Civil Rights Act, but the judge ended up siding with an existing Whole Food rule.

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According to court documents, Evans and Kinzer were actually fired for collecting absences when they were sent home after refusing to remove the masks.

Michno was fired for repeated dress code violations.

The judge’s rule points to Whole Foods’ existing dress code, which prevents workers from wearing clothing with “visible slogans, messages, logos or advertising” unless it was marked with the Whole Foods logo.

“The Whole Foods Market dress code has long promoted a welcoming, safe and inclusive shopping environment that focuses solely on quality groceries,” a Whole Foods spokesperson told Supermarket News.

“We are pleased with the outcome and appreciate the court’s time and attention to this matter.”

The three ex-employees began wearing the masks following the 2020 killing of George Floyd and the ongoing civil unrest.

All staff were required to wear face coverings at this time due to the Covid-19 pandemic.

They said they wanted to support the Black Lives Matter movement while opposing Whole Foods policies, which they felt were discriminatory.

In the lawsuit, they also alleged that they were assaulted disproportionately compared to other employees who also violated the dress code and did not comply with the attendance policy.

When fired, the three claimed that the company “deviated from normal termination procedures.”

The lawsuit came after another court sided with Whole Foods and Amazon last June after the company faced similar discrimination complaints over the mask ban.

US District Judge Allison D. Burroughs announced her verdict this week, saying the three failed to present convincing evidence that the company fired them in retaliation.

“There is little evidence in the records to refute Whole Foods’ legitimate business explanations for strictly enforcing its dress code against the wearing of Black Lives Matter masks and the resulting termination of plaintiffs, however unwise they may have been.” ” She said.