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How to Document Workplace Discrimination
Discrimination and harassment in the workplace are more common than they should be. But, unfortunately, credible allegations of discrimination or harassment often devolve into “he said, she said” finger-pointing arguments due to a lack of evidence. Documenting alleged workplace discrimination is important for both employees and employers. For employees, it helps bolster their employment discrimination claims, and for employers, it helps to identify and root out problematic conduct. Below, our Richmond employment lawyers explain how to document workplace discrimination.
First, Understand What’s Actionable and What’s Not
A threshold step in documenting workplace discrimination is to understand what counts as legally actionable behavior and what does not. Generally, discrimination is unlawful only when it is based on a protected characteristic. At the federal level, protected characteristics are:
- Race
- Color
- Religion
- Sex, sexual orientation, and gender identity
- National origin
- Age
- Disability
- Genetic information
General unpleasantness — such as rudeness, criticism, and condescension — does not constitute unlawful discrimination if it is not connected to one of the above characteristics. To put it another way, just because your boss or a coworker is being mean to you does not mean that you have an actionable discrimination claim.
Keep a Written Record
Keep a written record of all incidents that you believe are discriminatory. Your entries should include the date, time, and location of each incident, as well as information about what happened before and after the incident and who was present. While your record can be either handwritten or digital, the metadata contained in digital records can confirm that you made the record contemporaneously with the event.
Gather Documentary Evidence
Retain copies of all communications related to the allegedly discriminatory event(s). That can include emails, texts, notes, instant messages, and handwritten memos. If you choose to record conversations or phone calls, make sure you comply with your state’s consent laws, as well as the consent laws of the states in which the other parties to the communication are located.
Hang on to Your Personnel Records
Be sure to keep copies of your personnel records, especially your performance reviews. This information can help to establish a connection between your membership in a protected class and unlawful discrimination. For example, assume that you have received stellar annual performance reviews during your employment but that your reviews suddenly become negative after you reveal that you are biracial. While this may not be conclusive evidence of racial discrimination, it can serve as an additional data point in your evidentiary record.
Report the Incident
If you think you’ve experienced a discriminatory incident, report it using your company’s internal reporting procedures. Even if your report ultimately does not result in an internal investigation or disciplinary proceeding, it provides strong evidence that you took the incident seriously enough to pursue corrective action.
Discuss Your Case Further With a Richmond Employment Lawyer
If you’re considering pursuing an employment discrimination claim or have been accused of employment discrimination, you should discuss the situation with an experienced attorney. To get started, please contact a Richmond employment lawyer at Pierce/Jewett by calling 804-502-2320 or using our online contact form.