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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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Number of downloads: 163

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

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Keywords

transhumanism axiological pluralism empowerment Grundnorm underrepresentation Joanna Kuźmicka-Sulikowska Critical Discourse Analysis ECHR judgements self-agency moral status linguistic corpora morality interpretationism Marina Dawidowa equalisation of opportunities moral competence Julius Binder second-order observation purposivism power exegesis Spanish law Chinese law public reason legal interpretation WTO freedom of the press legal validity minimal morality normative concept of general clauses French Radical Enlightenment legislative materials pragmatics fidelity to the constitution constitutional values reform populist constitutionalism Adam Zienkiewicz professional responsibility of lawyers constitutionalization of international law rule of law values in legal interpretive practice legal cognition principle of law language of norms legal gap social interest marriage empiricism normative systems

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