On November 6, 2025, the Eighth Circuit issued its decision in Home Depot U.S.A. v. NLRB, reaffirming the right of employers to prohibit employees (particularly those in customer-facing roles) from wearing politically-charged insignia on their work uniforms.
The initial dispute arose at a Home Depot store in Brighton, Minnesota. In the months following the murder of George Floyd, an employee started wearing “BLM” (Black Lives Matter) letters on his work uniform. Though Home Depot allowed and encouraged employees to customize their work aprons with personalized messages, Home Depot’s dress code prohibited employees from displaying “political messages unrelated to the workplace.” As such, the employee was asked to remove the “BLM” letters from his apron, and he later resigned when Home Depot refused to allow him to return to work.
Following his resignation, the employee filed an unfair labor practice charge with the National Labor Relations Board (“Board”), alleging that Home Depot’s dress code policy violated his rights under the National Labor Relations Act (“NLRA”). The Board sided with the employee, finding that the employee had engaged in protected concerted activity by displaying the “BLM” letters on his apron. In doing so, the Board reasoned that the employee’s messaging was commentary on the terms and conditions of his employment because it was a “logical outgrowth” of prior complaints about racial discrimination and other workplace conditions at the employee’s...
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