Frith, et al v. Whole Foods Market, Inc., et al

  1. December 21, 2022

    The 6 Biggest 1st Circ. Rulings Of 2022

    2022 saw the nation's smallest federal court of appeals weigh in on thorny employment issues, a Black Lives Matter face mask lawsuit, and a novel criminal prosecution against a state court judge.

  2. June 28, 2022

    1st Circ. Affirms Whole Foods Win In Workers' BLM Mask Case

    The First Circuit on Tuesday said a Massachusetts federal court was correct to throw out Whole Foods workers' discrimination claims stemming from the disciplining of employees who wore Black Lives Matter face masks to work, holding there could plausibly be non-race-related reasons for the dress code enforcement.

  3. September 15, 2021

    1st Circ. Mulls If Whole Foods Workers' BLM View Covers KKK

    Whole Foods workers disciplined for wearing Black Lives Matter masks urged a First Circuit panel Wednesday to revive their race bias case, but one judge wondered if their expansive legal theory might also prevent a hypothetical employer from banning Ku Klux Klan messaging in the workplace.

  4. July 02, 2021

    5 Massachusetts Cases To Watch In 2021's 2nd Half

    As the second half of the year brings more of a sense of normalcy to Massachusetts, the courts are expecting to be bustling with in-person proceedings and no masks required. Here are five cases to watch over the second half of the year.

  5. June 07, 2021

    Whole Foods Tells 1st Circ. Mask Bias Theory Is Paper-Thin

    Whole Foods Markets Inc. urged the First Circuit on Monday to reject "exceptionally weak" claims that it violated the civil rights of employees by disciplining them for wearing Black Lives Matter face masks to support their Black co-workers.

  6. May 28, 2021

    Whole Foods BLM Mask Suit Must Be Revived, 1st Circ. Told

    An array of Boston-area civil rights groups told the First Circuit on Friday that a judge was wrong to dismiss a discrimination lawsuit brought against Whole Foods after the grocer disciplined workers for wearing "Black Lives Matter" face masks in the wake of the killing of George Floyd.

  7. April 29, 2021

    1st Circ. Told Bostock Misread In Whole Foods BLM Bias Case

    Whole Foods workers told the First Circuit late Wednesday that the Supreme Court's landmark decision recognizing workplace anti-discrimination protections for gay and transgendered people backs their argument that the grocer illegally applied its dress code to discipline workers who donned Black Lives Matter face masks.

  8. April 23, 2021

    Whole Foods BLM Mask Case May Stretch Bias Law's Limits

    Whole Foods workers who claim the grocer violated their civil rights by banning Black Lives Matter face masks at work likely face a tall order in convincing the First Circuit to revive the suit, which relies on a broad interpretation of "associational discrimination" that has yet to catch on among federal appeals courts.