Appeals Court Upholds Home Depot’s Ban on “BLM” Aprons
Quick Take
- A U.S. appeals court reversed an NLRB ruling that said Home Depot violated labor law by asking workers to remove “BLM” markings from their aprons.
- The court found the slogan was a broad social statement, not clearly tied to on-site labor concerns, and therefore not protected under the National Labor Relations Act.
- The decision clarifies that employee attire displaying social or political messages is protected only when directly connected to workplace issues.
Home Depot did not violate federal labor law when it instructed employees to stop displaying “Black Lives Matter” messages on their orange aprons, a federal appeals court has ruled, overturning an earlier decision by the National Labor Relations Board (NLRB).
Background of the Dispute
The dispute originated after the 2020 killing of George Floyd in Minneapolis. Employees at a nearby Home Depot store added “BLM” to their aprons to show support for the social-justice movement. Management directed workers to remove the markings or go home, leading at least one employee to resign and file an unfair-labor-practice charge with the NLRB.
NLRB Ruling in 2023
In 2023, an NLRB administrative law judge concluded that Home Depot’s directive violated Section 7 of the National Labor Relations Act, which protects employees who act together to address workplace conditions. The judge determined that the “BLM” message was tied to employee concerns about racial discrimination, making it protected activity.
Appeals Court Reversal
Recently, the appeals court disagreed. The three-judge panel stated that the phrase “Black Lives Matter” was a broad social and political expression, and the record did not show a direct link to specific workplace complaints. As a result, the court characterized Home Depot’s request as a lawful business decision designed to maintain neutrality and safety in the workplace.
Key Takeaways for Employers and Workers
- Social or political messages on workplace attire are protected only when clearly connected to on-site concerns, such as discrimination or job conditions.
- Absent that connection, employers may enforce dress-code policies and require removal of political or social slogans or symbols.
- The ruling may guide other companies facing similar questions about employee displays of social-justice messages during work hours.
For a concise video explanation of the case, view the original TikTok breakdown by attorney Rachel at this link ↗.