BOSTON, July 23 (Reuters) - Whole Foods has reached an
agreement to settle a lawsuit accusing it of illegally firing a
worker who refused to remove her Black Lives Matter facemask and
complained about racism at the Amazon.com ( AMZN )-owned upscale
grocery chain.
A lawyer for Whole Foods said in a filing on Monday in
federal court in Boston it had reached an agreement in principle
to resolve the case with Savannah Kinzer, an outspoken critic
who had worked in a Cambridge, Massachusetts, store.
Her claims were the last that remained in a lawsuit that
began as a proposed class action when it was filed in 2020 over
a Whole Foods dress code that barred workers from wearing attire
related to Black Lives Matter, a racial justice movement. A
trial was set for Aug. 19.
Settlement terms were not disclosed. The company and
Kinzer's lawyer did not respond to requests for comment.
The lawsuit stemmed from nationwide racial justice protests
that followed the May 2020 killing of George Floyd, a Black man,
under the knee of a white Minneapolis police officer.
During those protests, Whole Foods began disciplining
employees who wore facemasks during the pandemic supporting
Black Lives Matter.
Whole Foods cited its dress code, which it said was meant to
foster a welcoming, safe and inclusive shopping environment.
Kinzer and some other employees resisted, saying the company's
dress code previously went unenforced.
Kinzer said she was then fired for protesting outside her
store, rejecting demands to stop wearing a mask and talking to
the press. She had also filed a complaint with the Equal
Employment Opportunity Commission.
Kinzer and other employees sued in July 2020 shortly after
her firing, arguing on behalf of other Whole Foods workers that
the mask ban was racially discriminatory.
While courts rejected those discrimination claims, the
Boston-based 1st U.S. Circuit Court of Appeals in April revived
Kinzer's individual claim that her firing constituted illegal
retaliation and said a jury should resolve the dispute.