Find out why the court sided with Home Depot and what it means for HR dress code policies
Home Depot’s dress code faced legal heat after an employee refused to remove a “BLM” apron message during a period of workplace and social unrest.
The case, decided by the Eighth Circuit Court of Appeals on November 6, 2025, centers on a Home Depot store in New Brighton, Minnesota, a suburb of Minneapolis. In the aftermath of George Floyd’s murder, an employee at the store wrote “BLM” (Black Lives Matter) in black marker on their required orange apron. The employee, who identified as a person of color, said the message was meant to be “approachable” and a symbol of solidarity against prejudice and racism. Other employees also displayed “BLM” on their aprons during a time when concerns about racial discrimination were being raised at the store.
The store experienced several incidents that autumn and winter, including complaints about racially discriminatory conduct by another employee and the vandalism – on two occasions – of a Black History Month display in the breakroom. The employee at the center of the case advocated for a storewide conversation to address these issues and to ensure coworkers of color felt safe. Management responded that its dress code policy prohibits causes or political messages unrelated to workplace matters on employee uniforms. The policy required that any deviation from the dress code be approved by the Regional Human Resources Director.
When the employee was...
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