Can Employers Regulate Their Employees' Speech?

No employer wants to end up on the wrong side of a lawsuit—particularly a lawsuit alleging race-based discrimination. But that is precisely where Whole Foods Market, Inc. found itself last year when a group of employees alleged that it discriminated and retaliated against them for wearing Black Lives Matter attire at work.

The employees sued Whole Foods under Title VII of the Civil Rights Act (which prohibits race-based discrimination). Although Whole Foods had a policy that prohibited employees from wearing attire with non-Whole Foods' logos or messaging at work, the plaintiffs claimed that the policy was rarely enforced and that employees had previously worn items with LGBTQ+ messaging, National Rifle Association messaging, and even SpongeBob SquarePants face masks without incident.