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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I am a federal employee. A housekeeper at our agency who is

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I am a federal employee. A housekeeper at our agency who is a contract employee filed an EEO complaint saying I called him an ass. The EEO office wants us to do mediation. This housekeeper actually caused my lunch box to break as I was exiting my job on a sidewalk. This caused my cellphone to break and he started to laugh and I said what an ass.
I don't deny calling him an ass. What is your recommendation?
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Do you know of the employee is claiming discrimination based on a protected characteristic or sexual harassment?
Customer: replied 4 years ago.
I don't think so. The person complaing is male and I am male.
There really isn't any basis for a complaint with the EEOC then, since there was no issue of discrimination or harassmnet.

It isn't illegal to call a fellow employee 'an ass,' especially after the employee engages in activity which would make a reasonable person respond to the person with the same or similar comment.

I would suggest that you be honest and explain the circumstances that gave rise to your comment that the employee was 'an ass.' You wouldn't face any liability for having called him one.
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