A U.S. appeals court reinstated a lawsuit Wednesday involving a former Whole Foods employee who claimed she was wrongfully terminated for wearing a Black Lives Matter facemask at work, the New York Post reported.
The 1st US Circuit Court of Appeals in a unanimous decision determined that the case of Savannah Kinzer, previously employed at a Cambridge, Massachusetts store, merited further examination due to potential deviations from the company’s standard disciplinary procedures, according to the New York Post.
Court revives fired Whole Foods worker’s lawsuit over Black Lives Matter masks https://t.co/x5N8chDogc pic.twitter.com/sCXBSbztU9
— New York Post (@nypost) April 24, 2024
Kinzer refused to comply with a dress code at Whole Foods that prohibited attire displaying slogans, including Black Lives Matter. She has been vocal about her criticisms of racism and has participated in various protests. Whole Foods argued that its policy aims to create a neutral and inclusive atmosphere for customers, the outlet reported. (RELATED: School Districts, Teachers Unions Kick Off ‘Black Lives Matter’ Week Of Action)
Kinzer alleges that her dismissal was a form of retaliation for engaging in protected activities such as protesting outside her workplace, resisting the company’s demands to remove her mask, speaking to the media, and filing a complaint with the Equal Employment Opportunity Commission, the New York Post reported. Whole Foods maintains that her termination was justified based on her overall attendance record, which was affected by the points accumulated for wearing the mask.
Two women wearing “Black Lives Matter” masks participate in the “Justice for George Floyd” march to the Minnesota State Capitol on March 19, 2021 in Saint Paul, Minnesota. (Photo by KEREM YUCEL/AFP via Getty Images)
Circuit Judge Kermit Lipez pointed out the ambiguity over whether the final point that led to Kinzer’s dismissal was legitimately due to attendance issues or if it was improperly influenced by her activism. “It is the province of a jury to decide such a dispute,” he said in a statement.
The case has been sent back to U.S. District Judge Allison Burroughs in Boston, who had previously dismissed all claims from the plaintiffs Jan. 2023.
However, while the appeals court agreed to revive Kinzer’s lawsuit, the court upheld the dismissal of similar lawsuits filed by two other Whole Foods employees, Haley Evans from Marlton, New Jersey, and Christopher Michno from Berkeley, California, according to the New York Post. The court found no evidence that the disciplinary actions taken against Evans and Michno were out of the ordinary for the company.