Is workplace discrimination claim valid for comments about military status?

Question

During an argument at work, a coworker, who is in the military reserves, threatened to beat me up and insulted my age by calling me old and senile. In response, I mentioned I wasn't afraid of him because he is in the stupid military. He filed a discrimination claim against me, alleging discrimination against him and the military. HR called me in two weeks later, gave me 20 minutes to write a statement, which I did, but no outcome has been provided yet. He has three coworkers supporting him, while I have one witness corroborating my side. I've reviewed my workplace's policies on discrimination and conflict resolution. Is there a legal basis for his claim, and what steps should I take next to protect my job?

Jeremy Donham · Answer

Hi,  
 
You may want to seek counsel within Florida if that is the jurisdiction you are working in. This is a matter of some concern to you obviously, as it should be. Unfortunately, you have to wait on the response from your employer but if you have not given notice of the co-worker's name calling (ageism) then you may want to be sure you provide that information as well as the employer may need to investigate age-based harassment on your co-worker's part. Ultimately, if you believe you are being discriminated against on the basis of age, you can seek the assistance of the Equal Employment Opportunity commission by going online and filing an application for review. I wish you well in your issue.

James L. Arrasmith · Answer

It seems like you are facing a challenging situation. Based on what you've shared, there may be a legal basis for the coworker’s claim, as it sounds like your comment could be interpreted as discriminatory against military status. Federal law protects individuals from discrimination based on their military service under the Uniformed Services Employment and Reemployment Rights Act (USERRA). If your comment was seen as offensive or discriminatory based on his military affiliation, it could contribute to a claim, even if your words were in the heat of the moment. 
 
You should prepare for the possibility that HR may investigate both sides of the argument, especially considering that your coworker has support from others. It’s important to stay calm and professional throughout the process and to ensure that your own witness is available to support your version of the events. This will help clarify the situation, especially if there are any misunderstandings about the intent behind your comment. 
 
Moving forward, document all communications with HR and your coworker regarding the incident. It might also be helpful to review your workplace’s policies on discrimination and conflict resolution, as you mentioned, to ensure you understand your rights and responsibilities. Stay proactive and communicate openly with HR about your perspective, and consider seeking legal advice if needed to protect your job.

Q: Is workplace discrimination claim valid for comments about military status?