A group of Black and non-Black Whole Foods employees claimed that their employer unlawfully discriminated against them because of their race and their association with people because of their race based on their employer's prohibition of the wearing of "Black Lives Matter" face masks starting in June 2020 following the death of George Floyd.
In support of their claim they argued:
- Whole Foods previously had failed to enforce its policy that "prohibits employees from wearing clothing with visible slogans, messages, logos, or advertising that are not company-related."
- Whole Foods previously allowed its employees to express support for their LGBTQ+ coworkers through their apparel without discipline.
- After employees of all races started wearing "Black Lives Matters" masks "to protest racism and police violence against Blacks and to show support for Black employees," Whole Foods began enforcing its previously unenforced policy by sending employees home without pay and assigning disciplinary points that would affect an employee's eligibility for raises and could lead to termination.