Team-Building Tyranny! Court Rules Employee Not Obliged To Join Company Dance Therapy

-OpEd-

BOGOTÁ — Recently in the pages of this newspaper, El Espectador, was a report on the case of a Colombian employee, John Jairo Ramírez, who was dismissed from his position at a construction company for refusing to dance along at one of the firm’s “active breaks,” implemented as part of the labor code, Management System for Health and Security At Work.

What are active breaks? The Colombian health ministry calls them “physical activity sessions developed in the work environment, with a continuous duration of no less than 10 minutes and including cardiovascular physical adaptation, strengthening of muscles and improved flexibility through reduced cardiovascular risks and muscle lesions caused by work-related overuse.”

It adds: “Active breaks shall be a means of promoting physical activity as a habit for healthy living…” 

Well, John Jairo Ramírez would not take part in the firm’s “dance therapy” session, for as a member of Colombia’s United Pentecostal Church, dancing to popular music, as he explained, “violates my principles.”

The firm, after calling him in for an explanation, fired him, stating his arguments were not valid. But Ramírez did not cave, and immediately turned to the Ombudsman to defend his basic rights (tutela), later refusing to end his complaint when a judge ruled — absurdly, in my opinion — that “given his profession, he could work independently.”

Innocent beliefs require respect

The case reached Colombia’s Constitutional Court, which ruled in the worker’s favor. It concluded the firm had violated his fundamental rights, discriminated against its employee and hurt “the plaintiff’s profound religious convictions.” 

Forgive all the details but they are needed to reflect on the case. You may think it absurd that the Pentecostal Church should preach to its flock that dancing to secular music is indecent and might lead them to perdition; but in a democracy, beliefs — even silly, cockamamy ones — must be respected provided they do no harm to others.

And more particularly in this case, while the health ministry is right to promote exercise, I wonder: can you force an employee to exercise at the workplace? What if they absolutely hate doing sit-ups or jogging, or feel ridiculous following the trainer’s steps?

Colombian constitution

We all have things we’re terrified of. Some of us feel like idiots clapping along at an open-air concert, or donning a disguise or fancy dress, or, why not, putting a hand on your heart to hear the national anthem — à la former Colombian President Álvaro Uribe. Some people don’t like giving the thumbs up on seeing soldiers by the roadside (to signal A-OK) or daubing a cross on their foreheads on Ash Wednesday. Can you throw a kid out of school should they refuse to pray before classes begin?

Certainly, one must respect some basic rules of socialization, but fortunately, the Colombian constitution does state that “the right to freely develop the personality, also known as the right to personal autonomy and identity, seeks to protect the individual’s power to determine himself or herself… provided respect is shown for the rights of others and the constitutional order.”

All of this means that if John Jairo Ramírez doesn’t want to dance, for whatever reason, John Jairo Ramírez doesn’t have to dance.