EEOC sues to protect workers who objected to wearing rainbow heart logos

On September 14, 2020, the Equal Employment Opportunity Commission (EEOC) sued Kroger Co., alleging the grocery store chain violated Title VII of the Civil Rights Act of 1964 by failing to accommodate and retaliating against employees who refused to wear Kroger's new uniform based on their religious beliefs.

Employees request accommodation

The EEOC's lawsuit stems from changes Kroger made to its dress code in April 2019, when the grocery chain began requiring its employees to wear aprons with a rainbow heart logo embroidered on the top left portion of the bib. Two longtime employees at a Kroger in Conway, Arkansas, objected to the new uniform, claiming that wearing the rainbow heart logo endorses LGBTQ values in violation of their sincerely held religious belief as Christians that homosexuality is a sin.

According to the EEOC's complaint, Kroger rejected the employees' request for a religious accommodation allowing them to wear a name tag over the rainbow heart logo or purchase a vest that didn't include the logo. The employees refused to wear their new aprons or wore them in a way that concealed the rainbow heart. After being disciplined for repeated violations of the dress code, the employees were terminated on June 1, 2019.