news/AMZN/2023.01.23/Judge dismisses Whole Foods workers' lawsuit over 'Black Lives Matter' masks.txt

Jan 23 (Reuters) - A federal judge on Monday dismissed a
lawsuit by three former Whole Foods employees who said they had
been illegally fired for opposing the upscale grocery chain's
alleged discriminatory discipline of workers who wore "Black
Lives Matter" masks.U.S. District Judge Allison Burroughs in Boston found little
evidence to refute Whole Foods' "legitimate business
explanations" for strictly enforcing the dress code, and no
significant evidence it had targeted the plaintiffs by firing
them in the summer of 2020."The evidence demonstrates only that Whole Foods did not
strenuously enforce the dress code policy until mid-2020, and
that when it increased enforcement, it did so uniformly,"
Burroughs wrote in a 28-page decision."This holding is not about the importance of the Black
Lives Matter message, the value of plaintiffs' advocacy in
wearing the masks, the valor of their speaking out against what
they perceived to be discrimination in their workplace, or the
quality of Whole Foods' decision-making," the judge added.Whole Foods, part of Amazon.com Inc, has long
maintained that its adopted its dress code--which also covered
visible slogans, logos and ads--to foster a welcoming, safe and
inclusive shopping environment.Burroughs said the former employees Haley Evans, Savannah
Kinzer and Christopher Michno could not claim protection from
retaliation under Title VII of the federal Civil Rights Act of
1964.Lawyers for the plaintiffs did not immediately respond to
requests for comment. Whole Foods said it was pleased with the
lawsuit's dismissal.In June, the federal appeals court in Boston upheld
Burroughs' February 2021 dismissal of a proposed class action
over the dress code, though on somewhat different legal grounds
than hers.The Black Lives Matter movement started after police killed
several Black people in the United States.A video showing the May 2020 killing of George Floyd by a
police officer sparked nationwide protests about racial
injustice.Whole Foods had employed Evans in a Marlton, New Jersey,
store, while Kinzer worked in Cambridge, Massachusetts, and
Michno in Berkeley, California.The case is Kinzer et al v Whole Foods Market Inc, U.S.
District Court, District of Massachusetts, No. 20-11358.
(Reporting by Jonathan Stempel in New York; Editing by Leslie
Adler and Bradley Perrett)