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Navigating the crossroads: A case study on legal values perspectives of religious attire expression in the workplace
Zhizhuang Duan1, Bowen Chen2, Ziyi Xie2
1Xingzhi College, Zhejiang Normal University, Jinhua, China.
Abstract:
BackgroundThe phenomenon of prohibiting employees from expressing religious attire in the workplace involves a complex interplay of different parties and issues related to human rights protection. Addressing and resolving this issue holds significant implications for advancing the cause of global religious freedom.ObjectiveThrough an analysis of common features in eleven representative cases from English and American legal systems, the author further discusses the challenges faced by employees expressing their religious attire in the workplace, and the institutional and societal issues reflected through these decisions.MethodsThrough the application of a case study approach, this study analyzes eleven representative cases from both English and American legal systems in the early twenty-first century, probing into the persistent nature of religious discrimination in the workplace.ResultsThe research reveals that the ways in which managers prohibit employees from expressing religious attire in the workplace are categorized into direct and indirect prohibitions, and the related systems of religious discrimination evolve over time. However, when employees oppose the managers' discriminatory policies based on religion, they often face the dilemma of dismissal and difficulty in seeking legal redress.ConclusionTo confront this challenge, governments need to prioritize safeguarding equal rights among different religious and non-religious individuals when refining legislation. Furthermore, adhering to the principle of state neutrality, legal obligations shall not be arbitrarily attached to religious expression unless such expression poses a concrete threat to specific public interests. Managers, in formulating workplace management policies, should likewise adhere to these principles.
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