Commentary & Opinion

Crying ‘discrimination’ because you refuse to wear a mask isn’t just silly, it’s offensive

By Jon Hyman

Oct. 8, 2020

Please watch this short video and then let’s talk.

This woman claims discrimination because she refuses to wear a mask in public.

“Stand back,” and “You don’t care about other people,” are just a couple of the attacks this woman has received because she refuses to cover her mouth and nose.

Technically, this is discrimination in that she is being treated differently than mask-compliant folks. But this isn’t Discrimination.

The type of discrimination we worry about is the invidious discrimination individual suffer because of some innate trait over which they have no control and/or a fundamental individual liberty—race, sex/gender, LGBTQ status, religion, national origin, disability, age, etc.

The type of this discrimination about which this woman is complaining is discrimination of her own choice—her selfish choice to purposely avoid and ignore the most basic of safety and health measures everyone (or at least everyone with common sense and a rational belief in science) agrees is necessary to protect us during the COVID-19 pandemic.

Discrimination against marginalized groups is a major problem in our country. Let’s not trivialize it by elevating these complaints to its level.

Jon Hyman is a partner in the Employment & Labor practice at Wickens Herzer Panza. Contact Hyman at JHyman@Wickenslaw.com.

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