Authored by Jonathan Turley,

In January, I wrote a column criticizing the legal position of the National Labor Relations Board (NLRB) in favor of Whole Food workers seeking to wear Black Lives Matter (BLM) symbols or clothing at work.  Now a judge has rejected a similar claim brought by employees at Home Depot despite a decision in their favor earlier by the NLRB General Counsel.

According to the complaint, the controversy began with a worker donning a Black Lives Matter logo in August 2020. The NLRB quickly dismissed objections about compelled speech by the company if the government were to order the company to allow such political and social expression in the workplace.

NLRB Regional director Jennifer Hadsall said in a statement that issues of racial harassment "directly impact the working conditions of employees" She added "[t]he NLRA protects employees' rights to raise these issues with the goal of improving their working conditions. It is this important right we seek to protect in this case."