US labor board rules against Home Depot in Black Lives Matter dispute

The National Labor Relations Board (NLRB) ruled that Home Depot violated labor rules when it disciplined an employee for wearing a Black Lives Matter (BLM) emblem at work, according to a decision issued Feb. 21.

The 3–1 decision, which overturned a 2022 ruling by an NLRB administrative judge, came three years after former employee Antonio Morales resigned under duress from Home Depot after he was repeatedly told to remove “BLM” signage from his work apron.

According to the ruling, Morales was protected under the National Labor Relations Act’s “mutual aid or protection” clause, which the NLRB defines as when two or more employees take a stance with the goal of protecting or improving conditions for all employees. For example, the clause allows employees to wear buttons associated with the stance.

In this instance, Morales had repeatedly voiced concerns to HR about alleged racial discrimination against store workers and customers. He claimed the BLM emblem was meant to signal solidarity with Black colleagues, according to the report.

“It is well-established that workers have the right to join together to improve their working conditions—including by protesting racial discrimination in the workplace,” Lauren McFerran, NLRB chair, said in the ruling. “It is equally clear that an employee who acts individually to support a group protest regarding a workplace issue remains protected under the law.”

The company must reinstate Morales to his previous position, pay him for lost income, and stop applying its dress code to “protected employee activity.”

Home Depot disagrees with the ruling, the company’s corporate communications manager, Terrance Roper, wrote in an email to HR Brew, adding that “Home Depot is fully committed to diversity and respect for all people. We don’t tolerate any kind of workplace harassment or discrimination.”

Labor lawyers believe the ruling could have further implications for employers, as the NLRB is considering similar racial justice complaints against Whole Foods, Amazon, and Kroger, Reuters reported.