Home Depot’s NLRB Dress Code “Special Circumstance” Holding in a Nutshell

Home Depot’s Holding in a Nutshell

Although employers generally must allow workers to display messages about workplace issues on their uniforms, the court in the BLM case held that the company met the “special circumstances” exception.

Because the employee’s display occurred during a period of social unrest, the employer reasonably acted to maintain an apolitical appearance for customers and to protect employee safety in a volatile environment. This was enough to fall under the special circumstances exception.

The court also noted that the company permitted other messages and actions supporting racial equality and respect, showing that its policy was not hostile to the underlying issue but tied to legitimate business and safety concerns. This assured the court that Home Depot did not act out of union animus.