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Worldview Controversies in a Workplace: Comments from the Theory of Law Perspective on the Cracow IKEA Employee Case

Dr Wojciech Ciszewski

Jagiellonian University

English abstract: The point of departure of my paper is the case of the IKEA employee who lost his job for criticizing the workplace policy followed by his employer. In the paper I analyse two possible versions of the objection discrimination on the ground of belief that can be raised with respect to the employer’s decision. In my opinion neither of these two versions can withstand scrutiny. Regarding the first of these versions – the allegation of belief harassment – I claim that the employer’s action should not be recognized as a form of belief harassment. The criteria that I propose in the paper suggest that the ‘Inclusion of LGBT+…’ regulation was a permissible workplace policy, within the scope of the employer’s authority. Regarding the second version of the allegation of discrimination – the lack of respect for special needs resulting from beliefs – I argue that in this situation the employer was under no obligation to accommodate the employee’s needs resulting from his beliefs. In the light of the criteria formulated in the paper, the employee’s claim for accommodation was weak and it could be overweighed even by a relatively small burden on the employer’s part.

Keywords: principle of nondiscrimination, freedom of religion, freedom of speech, workplace harassment, cultural exemptions

Language: Polish

Published: Number 1(22)/2020, pp. 5-20.

DOI: https://doi.org/10.36280/AFPiFS.2020.1.5

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Filed Under: Articles Tagged With: conscientious exemptions, freedom of religion, freedom of speech, principle of nondiscrimination, workplace harassment

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Paweł Banaś financial market constitutionalization of international law religious pluralism intentionalism moral judgement Marcin Pieniążek Martin Krygier legal language prototype theory linguistic corpora ought-statements political theology theory of meaning The Separation Thesis field of axiological awareness law of evidence personalistic dialogue aims means of the law Russian philosophy of law Jacek Srokosz principle of validity judicial deliberations culture of authority Petera Fechtera case la petite éthique society Friedrich A. Hayek legal narrative nonpositivist concept of law virtue jurisprudence juriscentrism law and language legal sociology Michel Foucault human being Feminist Jurisprudence Carlos Cossio normative and methodological debate Paweł Łabieniec Marta Soniewicka Tomasz Barankiewicz opt-out model critical legal theory moral reasoning symbolic law European Union good governance dialogical cosmopolitanism legal status of animals

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