Employer’s Dress Code Ban on BLM Apparel During Work Hours Upheld
Even though unionized workforces more commonly bring National Labor Relations Act (NLRA) claims, nearly all non-unionized employers must still comply with NLRA requirements and National Labor Relations Board (NLRB) decisions, which can impact employer operations.
This includes a recent NLRB decision, Whole Foods Market, Inc. (July 31, 2026), exploring whether an NLRA-covered employer — unionized or not — can prohibit employees from wearing “Black Lives Matter” or “BLM” messaging on their work uniforms during work hours as part of its dress code.
The issue is whether this messaging ban violates the NLRA by prohibiting employees from engaging in concerted activities related to the terms and conditions of their employment. The NLRB held that the employees’ purpose in wearing BLM messaging was not related to NLRA-protected concerted activities, so the messaging ban was lawful under the NLRA.
Become a member to view this content
This is a preview of premium content available exclusively to our members. For immediate access join now online or by phone at 800-331-8877. Not ready to buy? Schedule a demo or take a free trial.