How to Document Workplace Discrimination

In the complex landscape of employment law, having proper documentation of workplace discrimination is often the difference between a successful case and a dismissed complaint. At Dolce Law PLLC, we’ve represented employees in discrimination cases throughout New York, and we consistently find that thorough documentation strengthens a case significantly.

Why Documentation Matters

Documentation creates a paper trail that serves multiple purposes:

1. It establishes a timeline of events
2. It demonstrates the pattern and severity of discriminatory behavior
3. It provides objective evidence beyond “he-said-she-said” disputes
4. It shows you took reasonable steps to address the situation
5. It can help identify potential witnesses

Without proper documentation, your case may rest solely on your recollection of events against your employer’s version—a challenging position when seeking justice.

What to Document

Discriminatory Incidents

Record every instance of discrimination with as much detail as possible:

• Date, time, and location
• Exactly what was said or done
• Who was involved (perpetrators and witnesses)
• How the incident made you feel professionally and personally
• Any immediate consequences to your work or workplace relationships

Don’t filter or self-censor. Document everything that seems related to the discrimination, even if you’re unsure of its relevance. Legal professionals can help determine what matters most to your case later.

Performance Reviews and Feedback

Keep copies of:

• All performance evaluations
• Email feedback (positive and negative)
• Commendations or awards
• Records of completed projects and contributions
• Disciplinary actions

If you believe you’re receiving negative evaluations due to discriminatory reasons rather than performance issues, it’s important to have documentation of your actual work product and contributions.

Comparator Evidence

Document how others in similar positions but of different protected characteristics (race, gender, age, etc.) are treated:

• Promotion opportunities given to others but denied to you
• Assignment of desirable projects or accounts
• Access to training or development opportunities
• Different standards for performance, attendance, or conduct

This comparative evidence can be crucial in establishing discriminatory treatment.

Company Policies and Employee Handbooks

Maintain copies of:

• The employee handbook
• Written policies related to discrimination and harassment
• Procedures for reporting complaints

These documents establish what the company has committed to regarding workplace equality and proper conduct.

How to Document Effectively

Keep a Detailed Journal

Maintain a dedicated notebook or digital document where you record incidents promptly:

• Update it as soon as possible after each incident
• Be specific and factual in your descriptions
• Include your emotional reactions but distinguish between facts and feelings
• Note potential witnesses to each incident

This contemporaneous record carries more weight than memories recalled months later.

Preserve Communications

Save all relevant communications in a secure location outside your workplace:

• Forward work emails to a personal account (if not prohibited by policy)
• Take screenshots of digital messages
• Make copies of written notes or memos
• Record dates and summaries of in-person conversations or phone calls

Remember that electronic communications on company devices may be monitored and could disappear if you lose access to your work accounts.

Report Through Proper Channels

Follow your company’s procedure for reporting discrimination:

• Submit complaints in writing and keep copies
• Send follow-up emails summarizing verbal conversations
• Document the company’s response (or lack thereof)
• Keep records of any investigation conducted

Using official channels creates additional documentation and demonstrates that you gave your employer an opportunity to address the situation.

Medical and Therapy Records

If the discrimination has affected your health:

• Keep records of medical visits related to stress, anxiety, or other symptoms
• Document prescriptions for conditions stemming from workplace issues
• Preserve therapy notes that reference workplace discrimination
• Track any medical leave taken due to the hostile environment

These records can establish the real harm caused by discriminatory treatment.

Practical Tips for Gathering Evidence

Be Discreet

While documenting discrimination, be mindful of:

• Company policies regarding recording conversations
• Privacy expectations in the workplace
• Confidentiality obligations regarding client or proprietary information

Gather evidence carefully to avoid giving your employer legitimate grounds for discipline.

Involve Trusted Colleagues

If appropriate:

• Ask supportive colleagues if they witnessed discriminatory incidents
• Request written statements when possible
• Note when others have experienced similar treatment

Witnesses can significantly strengthen your case.

Use Your Smartphone Strategically

Your phone can be a powerful documentation tool:

• Take photos of physical evidence (like offensive materials posted in the workplace)
• Save voicemails or text messages
• Note times and dates of calls
• Use note-taking apps for immediate documentation after incidents

Just be aware of legal restrictions regarding recording conversations in your state without consent.

When to Seek Legal Help

While documentation is crucial, knowing when to consult an attorney is equally important:

• When discrimination first becomes apparent and persistent
• After reporting to HR or management with no resolution
• If you face retaliation for reporting discrimination
• Before signing any severance agreement or release

Early legal consultation helps ensure you’re gathering the right evidence in the right way.

Final Thoughts

Documentation isn’t just about building a potential legal case—it’s about protecting yourself professionally and personally during a difficult workplace situation. Thorough records help clarify your experience and can provide validation that what you’re experiencing is real and unacceptable.

At Dolce Law PLLC, we’re committed to helping employees throughout New York stand up against workplace discrimination. Contact us for a confidential case evaluation to discuss your situation and documentation. Remember: your vigilance in documenting discrimination now could help you get justice later.