On 11/29/2022, Sen. Tom Cotton of Arkansas on Senate’s antitrust committee led a grilling of the CEOs of Kroger and Albertsons over their planned $25 billion grocery megamerger. Kroger CEO Rodney McMullen told the committee that these investments into lowering grocery prices and increasing wages for employees . Cotton cited a religious discrimination lawsuit that Kroger recently settled in late October, in which the store paid $180,000 to employees who were fired months after they were given new apron uniforms displaying a heart patch with rainbow colors. The lawsuit was related to the firing of two workers who refused to wear an apron with a symbol they believed represented support for LGBTQ communities. The former employees interpreted the aprons as supportive of the LGBTQ+ community, and said the aprons violated their religious beliefs. McMullen declined to comment on the case, saying he wasn’t aware of the details.
“If this merger goes through, who’s going to be making decisions about uniforms?” Cotton asked.
McMullen said that uniforms are put together by an associate resource group that designs them, ““The heart is a symbol of our fundamental purpose … to be in community spirit,” McMullen said about the patch. “And part of being the human spirit is the heart and that heart is our fundamental strategy to support our purpose. The colors were not tied to any specific thing.”
McMullen: … such accommodations based on their Christian beliefs as well we would not get involved in terms of religious beliefs.
Cotton: the reason I ask is that you recently agreed to pay a hundred and eighty thousand dollars to settle a religious discrimination case in Conway Arkansas in that case two Kroger employees Brenda Lawson age 72 and Trudy Rickard age 57 declined the directive to begin wearing a new store apron with a multi-colored heart symbol on it they like many other of your employees felt uncomfortable with the new aprons because they thought the heart resembled a gay pride symbol rather than make accommodations Kroger fired these two employees one employee simply asked to cover the symbol with a name tag but Kroger refused even that reasonable accommodation are you aware of these terminations Mr. McMullen
McMullen: senator I am I am not this was not a private lawsuit either by two disgruntled employees.
Cotton: Mr. Mullen this was brought by the EEOC so are you not aware when your company is sued for religious discrimination by the united states government?
McMullen: no Sir I am not not always well I’m disappointed by that are you aware that
Cotton: Mr. McMullen you’re aware that Kroger has something called an allyship guide for its employees?
McMullen: yes senator
Cotton: in the allyship guide you direct employees to stop using Sir and Ma’am because they’re not inclusive do you expect 72 year old employees in rural areas of Arkansas to really stop using words like Sir and Ma’am?
McMullen: … trying to be inclusive for everybody with all different beliefs and when you look … incredibly important to be an inclusive opening culture to welcome all associates
Cotton: if employees in your stores in rural Arkansas refer to other employees or customers or service ma’am do they face disciplinary action?
McMullen: I not that I’m aware of Sir.
Cotton: I would have to ask: are you still requiring employees to wear the apron with the rainbow heart symbol on it?
McMullen: … the heart is a symbol of art the Kroger’s fundamental purpose is to feed the human spirit … the colors were not tied to any specific thing
Cotton: well I’m not sure I believe that because it was introduced during pride month as a supposed sign of inclusivity and a federal judge didn’t agree with it either that’s why he rejected your company’s motion motion for summary judgment and you just paid 180 000 to two employees that you wrongly terminated by the way would you like to offer an apology here to Brenda Lawson and Trudy Richard for the ordeal they went through?
McMullen: I would need to understand more of the details
Cotton: so is it the case that you are still requiring all employees without accommodation to wear this apron with the rainbow heart?
McMullen: if you look at the our apron would be required for all associates to wear consistently across the company does it or does it not still include the symbol for which you just paid 180 000 to settle an EECO lawsuit against your company it would include a heart on it senator
Cotton: and having settled that lawsuit are you now going to grant accommodations to employees who don’t wish to display a symbol that they may perceive as not aligned with their moral and Christian views
McMullen: senator I will thank you for the question I will need to follow back up with our team with more of the details.
https://facebook.com/HygoNewsUSA/videos/5727698137296977
Still require employees to wear apron with rainbow heart symbol? Stop Sir & Ma’am because not inclusive