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On February 21, 2024, in a decision that provoked strong dissent, the National Labor Relations Board (the “Board”) ruled in Home Depot USA, Inc. and Antonio Morales Jr. that Home Depot violated the National Labor Relations Act (“NLRA”) by prohibiting an employee from wearing a “BLM” (Black Lives Matter) marking on his work apron and constructively discharging him after he refused to remove it.
In ruling that Home Depot violated the NLRA when it directed an employee to remove a “BLM” marking from his work apron, the Board clarified what is considered a logical outgrowth of prior concerted