Professor Jeremiah Ho commented on Law 360 regarding a class action employment suit between Whole Foods and its employees currently on appeal with the First Circuit.
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Professor Jeremiah Ho was asked to comment on Law 360 regarding, Frith v. Whole Foods Market, Inc.—a class action employment suit between Whole Foods and its employees currently on appeal with the First Circuit.
In Frith v. Whole Foods Market, Inc., current and former employees of Whole Foods sued under Title VII of the Civil Rights Act of 1964, claiming they were discriminated and retaliated against for wearing face masks with “Black Lives Matter” messaging while working at various Whole Foods grocery stores last summer. The appeal may allow the First Circuit to adopt associational discrimination as a viable theory in Title VII employment cases. Professor Ho was asked about the difficulty the current and former employees would face in persuading the First Circuit to adopt associational theory based on the specific context of this litigation.