The 1st U.S. Circuit Court of Appeals ruled that the termination of Savannah Kinzer, a vocal critic who worked at a Whole Foods store in Cambridge, Massachusetts, “arguably deviated” from the company’s disciplinary process. The court found that it was unclear whether Whole Foods followed its normal attendance policy or retaliated against Kinzer due to her protected conduct, including protesting and reporting racism.
The appeals court also upheld the dismissal of similar claims filed by two other employees, Haley Evans and Christopher Michno, finding insufficient evidence to support their allegations of unusual discipline by Whole Foods.
Kinzer claims she was fired in retaliation for her protected activities, which included protesting outside her store, refusing to remove her Black Lives Matter mask, speaking to the press, and filing a complaint with the Equal Employment Opportunity Commission. Whole Foods, on the other hand, maintains that Kinzer’s termination was justified due to her poor attendance record, including “attendance points” for wearing the mask.
The appeals court, however, ruled that it was for a jury to decide whether Whole Foods’ actions were justified or retaliatory. The case has been remanded to the U.S. District Court in Boston for further proceedings.
Whole Foods has yet to comment on the ruling, and its lawyers did not immediately respond to requests for comment. Similarly, a lawyer representing the plaintiffs did not immediately respond to requests for comment.
