Workplace discrimination can leave you feeling powerless and overwhelmed, but you’re not alone. If you’ve experienced unfair treatment at work based on protected characteristics, you may have legal recourse. However, the success of your case often hinges on one critical factor—documentation. Properly documenting instances of employment discrimination strengthens your position and helps build a solid foundation for potential legal action. At the Law Office of Mitchell A. Kline, it’s our mission to help you effectively protect your rights. Here’s how employees can document instances of discrimination at work.
Step 1: Keep a Detailed Written Record
Start by maintaining a personal log of all discriminatory incidents. Your log should capture the “who, what, when, where and how” of each event. Include the following details:
- Date and Time: Record exactly when the incident occurred. Consistency in dates is critical when presenting your case.Â
- Location: Identify where the event took place, such as a specific office or meeting room.Â
- Individuals Involved: Note the names of those who participated, including witnesses or bystanders.Â
- Specific Details: Write a clear account of what transpired, including discriminatory remarks or actions. Use neutral language to avoid sounding overly emotional in documentation—state the facts objectively.Â
Even minor incidents, when compiled, can show a systemic pattern of discrimination.
Step 2: Collect Witness Statements
Witness testimony is a powerful asset in discrimination cases. If co-workers or other individuals were present during the incident, ask for their accounts. Request that they provide:
- A written statement in their own words detailing what they observed.
- Contact information in case further verification or testimony is needed later.Â
Step 3: Preserve Electronic Communications
Emails, text messages, instant messages and other forms of electronic communication can serve as critical evidence. Discriminatory statements, unequal treatment or bias may be documented in these communications. Save and organize this correspondence methodically by:
- Taking Screenshots or copying the content into your records.Â
- Backing Up Files so you don’t lose valuable evidence if access is revoked at work.Â
Note that uploading or transferring sensitive information to external devices may violate your company’s policies, so consult legal counsel first to avoid jeopardizing your case.
Step 4: Maintain Copies of Employment-Related Documents
Relevant company policies, performance reviews and employment contracts can help reinforce your claims. For example:
- Job Descriptions and Evaluations could expose discrepancies between your performance and biased feedback.Â
- Company Policy Manuals could show breaches in workplace conduct related to discrimination or harassment.Â
- Employment Contracts could verify promises or standards not upheld by your employer.Â
These records help demonstrate your employer’s obligations and whether they complied with their own rules and standards.
Step 5: Report the Incident Formally
Reporting the issue to Human Resources (HR) or your supervisor creates an official record that discrimination occurred. While HR is primarily tasked with protecting the company, filing a report demonstrates that you followed proper procedures. Always:
- Report incidents in writing, saving copies of your correspondence.
- Request confirmation of receipt for your complaint.Â
Take Action and Seek Legal Guidance
Facing employment discrimination can be a daunting and emotionally draining experience, but you don’t have to go through it alone. At the Law Office of Mitchell A. Kline, we understand the challenges victims face and are committed to securing justice on your behalf. Whether you need help documenting your case or taking the fight to court, we’re here to help.
If you’ve been subjected to workplace discrimination, contact us today to schedule a consultation. Your rights matter, and we’re here to protect them.