A U.S. appeals court has reopened a case accusing Whole Foods of wrongfully firing an employee who refused to remove a “Black Lives Matter” face mask and complained of racial discrimination at the upscale grocery chain.
In a 3-0 decision released Wednesday, the First Circuit Court of Appeals ruled that the firing of Savannah Kinser, a vocal critic who worked at a store in Cambridge, Massachusetts, was a “deviation” from Whole Foods’ disciplinary procedures. There is no doubt that it is.”
The Boston-based commission also upheld the dismissal of similar claims by two other employees, Haley Evans and Christopher Mikuno, but found no evidence that Whole Foods’ discipline against them was unusual. was not found. Whole Foods is owned by Amazon.
Neither Whole Foods nor its attorney immediately responded to requests for comment. Lawyers for the plaintiffs did not immediately respond to a similar request.
The lawsuit is one of many arising from protests following the killing of George Floyd by a Minneapolis police officer in May 2020.
The case began as a proposed class action lawsuit over Whole Foods’ dress code, which prohibits workers from wearing Black Lives Matter attire.
Whole Foods has long maintained that its dress code, which also includes visible slogans, logos and advertising, is intended to foster a welcoming, safe and inclusive shopping environment. The Court of Appeals rejected the class action claims in 2022.
Kinzer said she was fired in retaliation for “protected conduct” including protesting outside her store, refusing to wear a mask, speaking to the press and filing a complaint with the Equal Employment Opportunity Commission.
Whole Foods said Kinser’s poor attendance, including “attendance points” for wearing a mask, justified his termination.
However, Circuit Court Judge Kermit Lipes asked whether Whole Foods imposed a final and conclusive attendance point on Mr. Kinser through the normal application of its attendance policy, or whether it was due to Mr. Kinser’s protected conduct. He said it is unclear whether this is due to the
“It is the jury’s prerogative to decide such disputes,” he wrote.
The appeals court sent Kinzer’s case back to U.S. District Judge Alison Burroughs in Boston, who dismissed all of the plaintiffs’ claims in January 2023.
Whole Foods hired Mr. Evans in Marlton, New Jersey, and Mr. Mikuno in Berkeley, California.
The case is Kinzer et al v Whole Foods Market Inc, U.S. Court of Appeals for the First Circuit, Nos. 22-1064, 23-1100.
