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Whole Foods argues it can ban BLM masks because the Supreme Court let a Christian business owner refuse same-sex couples (fortune.com)

submitted 9 months ago by [email protected] to c/[email protected]

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Amazon.com’s Whole Foods Market doesn’t want to be forced to let workers wear “Black Lives Matter” masks and is pointing to the recent US Supreme Court ruling permitting a business owner to refuse services to same-sex couples to get federal regulators to back off.

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.

Amazon is the most prominent company to use the high court’s June ruling that a Christian web designer was free to refuse to design sites for gay weddings, saying the case “provides a clear roadmap” to throw out the NLRB’s complaint.

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.

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[–] [email protected] 15 points 9 months ago (9 children)

So if they’re banning BLM as political, do they have to be even handed and ban all political iconography?

Is a rainbow political? Obviously anything with an American flag is political, so those need to be banned. Anything like a cross obviously would be forbidden - necklaces would have to be tucked in and invisible. Christianity is far more of a political thing in the US than BLM, as it’s being used to specifically and actively drive legislation. Would they then have to ban employees from other religious dress, like wearing a hijab or yarmulke? I don’t recall Muslims or Jews passing legislation in the name of their religion at the national level, but do activities in Dearborn or Williamsburg count?

Are wedding rings heteronormative? They’re certainly both a cultural and a social thing. Makeup is also both cultural and social, and additionally potentially has gendered implications. If we ban rainbows, do we ban anyone wearing makeup or require everyone to do so, since they’re potentially signaling gender identity?

[–] [email protected] -4 points 9 months ago (5 children)

I think you're way into the weeds here and forget the most important thing to remember about "freedom": things like the Bill of Rights and the Constitution are a compact between you and the government, not you and private companies. Private companies don't owe you anything besides whatever the government has expressly legislated, such as explicit protection for religious clothing and icons like crosses, Sikh turbans, etc.

However, beyond that, individual companies have the right to request their employees look and dress in certain ways. The flip side there is, if you don't like those rules, you are free to not work there anymore.

Of course, legislators can always choose to pass laws forcing companies to allow more exemptions, but that hasn't happened yet for displays of a political organisation.

[–] [email protected] 6 points 9 months ago (2 children)

@trias10

I get that. It makes logical sense. It's just that corporations have so much power to impose their will and it feels weird to me that we let them do that even when it comes to how a human presents themself.