MN Home Depot Violated Law When It Fired Worker Over 'BLM' Apron: Feds

NEW BRIGHTON, MN — Home Depot violated federal law when it fired a New Brighton store worker for refusing to remove the hand-drawn letters "BLM" from their work apron, the National Labor Relations Board ruled Wednesday.

BLM is short for "Black Lives Matter." Several other employees at the same store also displayed BLM markings on their work aprons at about the same time, in protest of racial discrimination, the NLRB said.

"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," said the board's chair, Lauren McFerran.

"It is equally clear that an employee who acts individually to support a group protest regarding a workplace issue remains protected under the law."

According to the board, when an employer interferes with employees’ right to display protected insignia like the BLM marking in this case, that interference is presumptively unlawful, and the employer has the burden to establish special circumstances that make the rule necessary to maintain production or discipline.

NLRB found that Home Depot failed to establish such special circumstances in this case and also found that Home Depot broke the law when it conditioned the employee’s continued employment on the removal of the BLM marking.

The board ordered Home Depot to offer the worker "full reinstatement to their former job" and make up for the loss of pay with interest.

McFerran was joined in the decision by NLRB members David M. Prouty and Gwynne A. Wilcox. Member Marvin E. Kaplan dissented.

The NLRB board has five members who are appointed by the President to five-year terms, with U.S. Senate consent.