Amazon is the most prominent company to use the high court’s ruling that a Christian web designer was free to refuse to design sites for gay weddings, saying the case “provides a clear roadmap” to …
By Josh Eidelson | Bloomberg
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. 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. One NLRB judge ruled this year that Kroger Co. workers had a right to wear the BLM slogan to promote a “pro-justice workplace,” while a different agency judge concluded last year that Home Depot Inc. workers have no such right because BLM messaging isn’t directly related to employment conditions.
Whole Foods’ argument may be a stretch, but it’s a sign of things to come, said University of California at Berkeley law professor Catherine Fisk. The Supreme Court ruling will embolden more businesses to bring First Amendment challenges to government regulations, which can expect a friendlier reception given the current conservative makeup of the federal judiciary.
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