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FRITH v. WHOLE FOODS MARKET, INC.

No. 21-1171.

38 F.4th 263 (2022)

Suverino FRITH, et al., Plaintiffs, Appellants, Savannah Kinzer and Christopher Michno, Plaintiffs, v. WHOLE FOODS MARKET, INC.; Amazon.com, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

June 28, 2022.

Attorney(s) appearing for the Case

Shannon E. Liss-Riordan , with whom Anastasia Doherty and Lichten & Liss-Riordan, P.C. were on brief, for appellants.

Michael L. Banks , with whom Anne Marie Estevez , Terry D. Johnson , Julie V. Silva Palmer , Andrew M. Buttaro and Morgan, Lewis & Bockius LLP, were on brief, for appellees.

Emma Quinn-Judge and Zalkind Duncan & Bernstein LLP, for Massachusetts Employment Lawyers Association and American Civil Liberties Union of Massachusetts, Inc., amici curiae.

Srish Khakurel , Sophia Hall , Oren M. Sellstrom , and Lawyers for Civil Rights for Lawyers for Civil Rights, Boston Society of Vulcans of Massachusetts, Charles Hamilton Houston Institute for Race and Justice, Jewish Alliance for Law and Social Action, Justice at Work, Inc., and Massachusetts Association of Minority Law Enforcement Officers, amici curiae.

Before Thompson and Lipez, Circuit Judges, and Torresen, District Judge.

Appellants represent a putative class of Whole Foods and Amazon employees who were sent home without pay or otherwise disciplined for wearing face masks bearing the phrase "Black Lives Matter." They assert that Whole Foods and Amazon's enforcement of Whole Foods' previously unenforced dress code policy in this manner constitutes...

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