Can a business ban employees from wearing a poppy to work?

As many Canadians prepare for Remembrance Day this month and buy poppies to support veterans, Whole Foods grocery store has banned its employees from donning poppies while on the job.

According to the company, poppies are not allowed as they are not part of Whole Foods updated uniform policy. This is a recent change to Whole Foods dress code policy and many employees are confused as to the reasoning. Ottawa employment lawyer Alex Lucifero at Samfiru Tumarkin LLP spoke with CBC to discuss the implications of this policy change.

Can an employer ban employees from wearing a poppy to work?

Yes. An employer can ban its employees from wearing a poppy as part of their uniform.

Lucifero told CBC News that “wearing a poppy could be considered a display of a political belief by some individuals.” With that being the case, it would not be protected under the Human Rights Code in Ontario. Other provinces’ human rights code may differ.

Can a business ban the wearing of a poppy due to health and safety concerns?

A business may have a valid reason to deny the use of a poppy due to health and safety reasons, as the item does include a needle.

In the past, McDonald’s did not allow its Canadian staff to wear the poppy due to potential harm to customers. This decision was lifted in 2012 for employees not working with food after the fast food chain approved the use of a pin holder for the poppy.

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In that same vein, Whole Foods could argue that poppies pose a risk to customers, depending on which staff members are wearing the pin.