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Judge rules in Home Depot’s favor over prohibiting woke employees from sporting BLM imagery

June 12, 2022 | | Print Article

Home Depot did not violate federal law when it prohibited its employees from sporting Black Lives Matter imagery on their work aprons, ruled administrative law judge Paul Bogas, who tossed out the case brought by the US National Labor Relations Board (NLRB) on Friday.

According to Bogas, the BLM labels did not possess “an objective, and sufficiently direct, relationship to terms and conditions of employment,” adding that BLM’s message “originated, and is primarily used, to address the unjustified killings of black individuals by law enforcement vigilantes.”

“To the extent the message is being used for reasons beyond that, it operates as a political umbrella for societal concerns and relates to the workplace only in the sense that workplaces are part of society,” the judge explained.

As Bogas is an agency judge, notes Fox Business, the ruling “can be appealed to the labor board in Washington, D.C., currently controlled by Democrats, and moved to federal court from there.”

Last year, the NLRB alleged that, by singling out the controversial BLM swag, Home Depot “selectively and disparately” enforced its dress code.

In a statement given at the time the lawsuit was announced, NLRB regional director Jennifer Hadsall claimed the case was about improving employees’ working conditions.

“The NLRA [National Labor Relations Act of 1935] protects employees’ rights to raise these issues with the goal of improving their working conditions,” she said. “It is this important right we seek to protect in this case.”

The NLRB did not immediately respond to Fox News Digital’s request for comment.

In its own statement last year, Home Depot said, “The Home Depot does not tolerate workplace harassment of any kind and takes all reports of discrimination or harassment seriously, as we did in this case.”

“We disagree with the characterization of this situation and look forward to sharing the facts during the NLRB’s process,” the company continued. “Regardless of the outcome, we will continue to be fully committed to diversity and respect for all people.”

That commitment was called into question in March, when, in one of the chain’s Canadian locations, a document about “privilege,” including flyers and a checklist about “white privilege,” was posted in the lunchroom.

 

As BizPack Review reported, the divisive document was entitled “Leading Practices — Unpacking privilege,” and it sought to show employees “what privilege looks like.”

As an example, the document explained in a hit against Christians and Christmas, “if you can expect time off from work to celebrate your religious holidays, you have Christian privilege.”

On the second page, the document offered an understanding of “why it’s uncomfortable to talk about white privilege.”

It seems “the word ‘white’ creates discomfort especially when individuals are not used to being defined or described by their race.”

While the document was authenticated as coming from Home Depot’s “Canadian division,” it was reportedly not part of a required companywide training program.

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Melissa Fine
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