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A US appeals court revived a lawsuit accusing Whole Foods of illegally firing a worker who refused to remove her Black Lives Matter facemask and complained about racism at the upscale grocery chain.

In a 3-0 decision released on Wednesday, the 1st US Circuit Court of Appeals said the firing of Savannah Kinzer, an outspoken critic who worked in a Cambridge, Mass., store, arguably deviated from Whole Foods disciplinary process.

The Boston-based panel also upheld the dismissal of similar claims by two other workers, Haley Evans and Christopher Michno, finding no proof that Whole Foods discipline of them was unusual. Whole Foods is owned by Amazon.

Neither Whole Foods nor its lawyers immediately responded to requests for comment. A lawyer for the plaintiffs did not immediately respond to similar requests.

The lawsuit is one of many arising from protests that followed the May 2020 killing of George Floyd by a Minneapolis police officer.

It began as aproposed class actionover a Whole Foods dress code that barred workers from wearing Black Lives Matter attire.

Whole Foods has long maintained that its dress code, which also covered visible slogans, logos and ads, was meant to foster a welcoming, safe and inclusive shopping environment. The appeals courtdismissedthe class action claims in 2022.

Kinzer said she was fired in retaliation for protected conduct including protesting outside her store, rejecting demands to stop wearing a mask, talking to the press, and filing a complaint with the Equal Employment Opportunity Commission.

Whole Foods said Kinzers poor attendance, including attendance points for wearing a mask, justified her firing.

Circuit Judge Kermit Lipez, however, said it was unclear whether Whole Foods imposed a final, decisive attendance point against Kinzer through a normal application of its time and attendance policy, or because of her protected conduct.

It is the province of a jury to decide such a dispute, he wrote.

The appeals court returned Kinzers case to US District Judge Allison Burroughs in Boston, who dismissed all of the plaintiffs claims in January 2023.

Whole Foods employed Evans in Marlton, NJ, and Michno in Berkeley, Calif.

The case is Kinzer et al v Whole Foods Market Inc, 1st U.S. Circuit Court of Appeals, Nos. 22-1064, 23-1100.

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Court revives fired Whole Foods worker's lawsuit over Black Lives Matter masks - New York Post

Source: Andrew Burton / Getty

Black Lives Matter protests in cities with Black women police chiefs experienced significantly lower levels of violence from both police and protesters than cities with police chiefs of other racial backgrounds and gender, according to our newly published paper.

After George Floyds death at the hands of Minneapolis police on May 25, 2020, the Black Lives Matter movement surged. Advocating for social justice, the movement galvanized over 11,000 protest events across thousands of cities in all 50 states. Most demonstrations were peaceful, but others were not, and city police chiefs had the job of dealing with street violence. In some communities, they engaged in dialogue with protesters; in others, they responded with force.

Our research included analyzing 11,540 protests that occurred between May 25 and Aug. 29, 2020, in 3,338 cities, spanning 1,481 counties and all 50 states. To ensure robustness and eliminate bias, we measured violence based on an independent categorization of violence, protest event descriptions, numbers of arrests and severity of the charges. We also researched the gender and racial background of the local police chief.

Our analysis, published in the Journal of Management, found that protests in cities with police departments led by Black women tended to be relatively peaceful.

Consider, for instance, Black female Chief Catrina Thompson in Winston-Salem, North Carolina, who chose dialogue over force. She conveyed solidarity with the Black Lives Matter cause and affirmed that peaceful protests could spur change without destroying the city.

By contrast, a protest in Lincoln, Nebraska, in late May 2020 saw a group of protesters break store windows and threaten police officers, which resulted in police officers in a department led by white male Chief Jeff Bliemeister firing pepper spray, tear gas and rubber bullets.

This and other research has found that through their personal and professional experience as they rise through the ranks of a traditionally male, white profession, Black women tend to develop a strong understanding of racial dynamics and use their knowledge to devise flexible strategies.

Of course, not all Black women lead in exactly the same ways, but they tend to share similar experiences that can help foster peaceful outcomes in times of social unrest.

Amid a backdrop of widespread protests and calls for social justice, public safety depends on peaceful interactions between police and demonstrators.

The study highlights the significance of having diverse leadership voices and the importance of recognizing and elevating individual identities. Despite a rise in the appointment of Black police chiefs over the past decade, Black women continue to be underrepresented in law enforcement leadership positions. This research highlights the value to society of including diverse perspectives and leadership approaches informed by the intersections of peoples identities.

Despite these insights, several questions remain unanswered. We do not yet know the specific way in which the leadership of Black women police chiefs translates into lower violence levels. We suggest the mechanism is a complex result of their communication strategies, community engagement practices and decision-making processes but we do not know which has the most influence.

Our study also raises questions about how these findings about Black women at a time of Black protest might be applied to other civic leaders handling of demonstrations from different types of social movements.

The study paves the way for more in-depth research into how intersecting identities such as gender and race affect leadership approaches and outcomes across various professions, not just law enforcement.

Ongoing research efforts our own and others are directed at better understanding how peoples identities inform their leadership styles and how they handle conflict. Future studies are also needed to explore how organizations and communities can better support Black women and promote them into leadership roles, ensuring their perspectives and skills benefit society as a whole.

The Research Brief is a short take on interesting academic work.

Kayla Stajkovic, Lecturer at the Graduate School of Management, University of California, Davis, University of California, Davis and Alex Stajkovic, Associate Professor of Management and Human Resources, University of Wisconsin-Madison

This article is republished from The Conversation under a Creative Commons license. Read the original article.

SEE ALSO:

2 Atlanta Cops Reinstated After Violent Arrest Of HBCU Students During Black Lives Matter Protest

Grand Jury Indicts St. Louis Couple Who Brandished Weapons At Peaceful Protesters

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BLM Protests: Black Women Police Chiefs Led To More Peace - NewsOne

A Utah man who recorded himself inciting violence and breaking a window before filming the fatal shooting of Ashli Babbitt outside the House chamber during the Jan. 6, 2021, Capitol attack was sentenced Friday to six years in prison.

John Earle Sullivan, 29, was paid $90,875 for his videos before he was convicted at trial. A jury found him guilty in November of rioting and obstructing Congresss certification of the 2020 election results, both felonies, and of five misdemeanor counts.

Prosecutors said Sullivan was a self-described activist with anarchist views who brought a tactical vest, a gas mask, a megaphone and a knife to the riot. Seeking a prison term of a little more than seven years, Assistant U.S. Attorneys Rebekah Lederer and Michael Barclay said Sullivan shared a desire to see the government burn and the vote certification stopped.

Defense attorney Steven Kiersh said Sullivan was born in Virginia, was adopted by a now-retired Army lieutenant colonel and his wife, and moved with them to Utah, where he trained to be an Olympic speed skater before injuries stopped him. Kiersh cited more than a dozen letters from friends and family who described Sullivan as much different than what the jury saw. The attorney wrote that Sullivan led an admirable and a caring life in which he displayed a sense of responsibility, a commitment to his family, friends and community and an individual who tried to enhance the lives of those around him.

Since his conviction, Sullivan has been held in protective custody in virtual isolation at the D.C. jail, where authorities deemed that he held opposing political views and that housing him with other Jan. 6 defendants would be a threat to his physical safety, his lawyer said. Kiersh asked U.S. District Judge Royce C. Lamberth for a 30-month sentence.

Because Sullivan expressed past support for the Black Lives Matter movement, conservatives like Rudy Giuliani have claimed that he was a left-wing agitator in the mob, as they have sought to direct attention away from what motivated the overwhelmingly pro-Trump crowd. More than 1,350 people have been charged, including nearly 500 accused of attacking police, 130 of whom were armed or caused injury.

Sullivans interests were mixed, said prosecutors, who called him an agent of anti-establishment chaos who shared the goal of attacking Congress and the presidential transition. Using personas including JaydenX and Insurgence U.S.A., Sullivan built a social media following of nearly 500,000 by posting protest-related content after the 2020 police killing of George Floyd.

After he organized a July 2020 protest in Provo, Utah, that led to a motorist being shot, he was targeted by conservatives who believed he was a Black Lives Matter activist, he said. Black Lives Matter activists in Utah said Sullivan was not part of their group and urged protesters to avoid him as a troublemaker and riot chaser.

In the winter of 2020, Sullivan wrote in one social media post: Let the electoral purge commence, the government said. Time To Burn It All Down, he wrote in another post on Jan. 2, 2021. At the Capitol he was recorded saying, Were taking this s--- to the ground and Lets f--- this s--- up.

Sullivan grew up in Stafford, Va., about 45 miles from Washington. His brother James is a conservative activist who has denounced Johns liberal politics. The split between the brothers was the subject of an unaired documentary called A House Divided by Jade Sacker, who recorded both men in Washington and some of whose video was shown at trial.

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Man who recorded fatal shooting of Ashli Babbitt on Jan. 6 sentenced - The Washington Post

MILTON The Milton school board on Thursday avoided talking about the Black Lives Matter flag that has flown outside the high school for five years. But the board voted to change the flagpole policy to effectively exclude such flags.

After a three-hour long, packed meeting at the high school library, the school board voted 3-2 to allow only the United States and Vermont flags to be flown on district flagpoles.

Whether the Black Lives Matter flag, which still flew Thursday night, will come down right away is, however, unclear.

The policy is now officially enacted, but not a word was spoken about next steps with the BLM flag on the flagpole and the plan for removing it, Superintendent Amy Rex said in an email Friday.

The dissenting votes came from Kumulia Long, the chair of the five-member board, and Jeremy Metcalf. Both expressed concerns about dismissing a student-led democratic process that resulted in the raising of the Black Lives Matter flag in 2019.

A group of students advocated for and followed the required process to create a detailed one-page procedure to have the Black Lives Matter flag flown at Milton High School recognizing that struggle and the work that needs to be done, Metcalf said.

Flags are symbolic. So how do we symbolize that we understand these struggles are happening and theres work to be done and we support that work? he said.

While the flagpole policy has been discussed by the board for a year, the discussion has largely been around the policy itself, rather than specific flags, according to Rex. The Black Lives Matter flag is the only other flag that has flown along with the U.S. and Vermont flags at the high school.

During an October school board meeting, Long, the only Black member on the board, proposed removing student interest flags from the main flagpole and flying just the United States and Vermont flags, in an effort to minimize conflict. He suggested student interest flags could be moved inside the school instead.

However, previous discussions this year have included objections to flying the Black Lives Matter flag on the district flagpole outside the high school, which is not visible from the road. That has in turn led to residents recently protesting on the street outside the high school and sending letters to the board in support of keeping the flag up.

That narrative was carefully avoided at last nights marathon meeting during which members claimed they were focusing on the flag policy and not the flag itself.

So when I look at this as a policy change, Im not looking at it as its taking down the Black Lives Matter flag. Im looking at it as a policy thats not working because we have a division within the community, said board member Scott OBrien.

He claimed that the flag was being flown in perpetuity even though thats what nobody wanted and that the flag policy is flawed because no other group has come up to the school board to fly any flags since.

Rex pointed out that per the previous policy, the board could have requested the flag be taken down at any time, and that nothing in the policy states that another flag had to replace it.

Those who voted in favor of the new policy, incumbent Karen Stout, Allison Duquette and OBrien (both newly elected to the school board) argued that a majority of high students do not support the flag, citing a recent anonymous student-led survey. But two high school representatives on the school board spoke up to correct the record.

Jack Shannon, one of the student representatives, later explained that the survey had nothing to do with the Black Lives Matter flag. Instead, he said, it asked two questions: Are you in favor of a Milton student interest flagpole? If yes, would you utilize the student interest flagpole?

Shannon said 140 students, out of about 460 in the school, responded. Of them, 61 said no, 39 said yes and 40 were neutral to the first question; 90 said no, 16 said yes and 34 were neutral to the second question.

While the board had already voted in January not to have two flagpoles one for the United States and Vermont flags, and one for flags representing student interests that discussion came up again Thursday night.

Some residents suggested flying the Black Lives Matter flag in the school vestibule or on a separate flagpole. One resident said students could apply to fly the flag on the towns flagpole at River Street Park, a more prominent location.

Resident Sean Tatro, who has previously volunteered to pay for a separate flagpole, reupped his offer to do so at Thursdays meeting.

Two teachers Pete Wyndorf and Ellen Taggart reminded the board members that the decision to fly the Black Lives Matter flag was the product of a two-year effort led by the Milton Students for Social Justice group. To take the flag down without student input would be disrespectful, they said.

Lynda Battistoni is a resident new to the flag dispute. She said some students, like her daughter, dont know that there was a time when the flag did not fly there.

I think a lot of this stems from misunderstanding or miscommunication or whatever, about what was really being discussed, she said. I feel like this is the perfect opportunity for a tremendous compromise that should make everyone happy. If it is not about a Black Lives Matter flag, then why do you care if another pole has it?

More than 30 people attended the meeting in person and more than 22 online, with multiple residents speaking for or against flying a Black Lives Matter flag.

Resident Mary Callahan said the Black Lives Matter flag was anti first responders and anti law enforcement and also claimed that its insulting to Black people who are doing better in this country than white people.

Racial disparities in wealth, housing, education persist and remain starkly in favor of white people in America, according to the Brookings Institute.

Another resident, Susan Mcnamara, said, I love Black people. I have nothing against them but I dont think the public would like a white lives matter flag flying, Hispanic, Chinese. Please lets stop dividing this country, this nation, this little town and lets respect everyone, include everyone, by not focusing on one particular race.

Jeremy Metcalfs first name was incorrect in an earlier version of this story.

Read more from the original source:
Amid Black Lives Matter flag debate, Milton school board votes to only fly U.S. and Vermont flags - VTDigger

BALLWIN A substitute teacher in the Parkway School District and candidate for state Legislature said on Saturday that he did not regret tearing up Pride and Black Lives Matter fliers that he pulled off a classroom wall.

Jason Jennings, who is running in the Republican primary for a House seat, said that he has taken similar decorations down in the past, without consequence, and emphasized that no students were present at the time.

Its common sense that items signifying Pride or trans or BLM, that stuff should not be put in front of children, said Jennings, 42.

Jennings, of Ballwin, was subbing in a journalism classroom on April 5 at Parkway Central High School in Chesterfield. Before the school day started, he noticed a Black Lives Matter sign on one side of a picture of the American flag and a sign that said All are welcome in rainbow letters on the other.

He pulled a stool over, took the signs off the wall and tore them up. He snapped a photo and then put the pieces in his bag. No one in his classes mentioned that the signs were missing or saw the scraps, Jennings said.

On Monday, Jennings posted the photo on the social platform X, formerly Twitter, with a caption that said in part: This is what needs to happen when teachers insist on grooming kids with Pride signage and promoting hate groups such as BLM!

The post did not mention where the fliers came from. Jennings has about 450 followers on X.

By Friday, Jennings was back at Parkway Central, substituting in a Spanish class. During the second period, principal Tim McCarthy came into the room and asked Jennings to step outside. McCarthy showed Jennings the post and asked if it was his. Jennings said it was, and McCarthy asked him to leave campus.

Friday evening, McCarthy sent a letter to Parkway Central families informing them of what happened.

The safety and well being of our students and staff are always our highest priority, the letter read. McCarthy expressed gratitude to the students and teacher who reported concerns to administrators and said that Kelly Education, which employs the substitutes used by Parkway, was investigating.

Jennings said he has been removed from the Parkway substitute list and will be talking to Kelly Services on Monday. He has been a sub since 2022, only at the high school level and only with Parkway.

I have no regrets about what I did, said Jennings. A lot of people have been very supportive, and a lot of people are mad about it.

Jennings has never held office. He will face Republican incumbent Philip Oehlerking and fellow challenger Brant Harbor in August.

View life in St. Louis through the Post-Dispatch photographers' lenses. Edited by Jenna Jones.

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Parkway sub tore down Pride and Black Lives Matter signs. He has no regrets. - St. Louis Post-Dispatch