Description

Noting that the allowance for special circumstances was very narrow, the Board identified those that may be considered, which include: Safety, damage to machinery or products, exacerbate employee dissension, or unreasonable interference with a public image established as part of a business plan through appearance rules for its employees. Taking the public image argument first, the Board stated that Home Depot must show a carefully cultivated public image that is so consistently preserved that the non-conforming symbol, button, or other insignia would jeopardize the image. Although the orange apron is undoubtedly part of the Home Depot brand and image, having been registered as a federal trademark, the evidence indicated that Home Depot allows and encourages employees to personalize their aprons by adding written messages and images, like the names and logos of favorite sports teams, holiday symbols and flags, including LGBTQ pride symbols