How to Document Workplace Discrimination: The Records You Need to Keep

The following lists are recommendations provided for informational purposes only. This blog post does not create an attorney-client relationship.

Types of Documentation to Maintain

1. Employment Documents: Keep copies of your offer letter, employment contract, job description, employee handbook, performance evaluations, and any awards or commendations.

2. Performance Feedback: Document both positive and negative feedback. Save emails praising your work and take notes after verbal feedback sessions, including the date, participants, and specific content.

3. Workplace Incidents: Record concerning interactions in a factual, objective manner. Include dates, times, locations, witnesses, and exact quotes when possible.

4. Communication Records: Save important emails and text messages. For verbal communications, create a contemporaneous memo. Keep records of meeting agendas and any instructions that differ from your written job description.

5. Accommodation Requests: If you require workplace accommodations, document all requests, the company’s responses, and how those accommodations are implemented.

Storage and Organization

1. Secure Storage: Use a personal email account or private cloud storage. Never use company devices or accounts to store personal documentation.

2. Organization: Maintain a logical filing system and a chronological index of significant events.

3. Consistency: Update your records as incidents occur. Set a regular schedule—weekly or bi-weekly—to organize your documentation.

Best Practices

1. Be Factual and Objective: Focus on observable facts and specific language rather than emotions or interpretations.

2. Maintain Professionalism: Document with the mindset that others may eventually read your notes. Use a professional tone and focus on workplace issues.

3. Balance Documentation with Relationships: Continue to engage positively with your colleagues. Document discreetly while focusing on performing your role excellently.

Effective documentation helps track your accomplishments and provides clear context should any issues arise. The goal is to be prepared and organized from the start rather than acting defensively.

If you have specific questions or would like to schedule a consultation to discuss these strategies in more detail, please feel free to schedule a consultation today. Consultations are completely confidential. Do not rely on this post as legal advice. Again, this post does not create an attorney-client relationship between the firm and the reader. Do not act in reliance on the contents of this post without seeking the advice of counsel.