How to Document Workplace Discrimination Effectively

Ready to build an ironclad case against your employer?

If you filed a claim against your employer for workplace discrimination, documentation is your best friend. In fact, without good documentation your claim is worthless.

And…

Most employees don’t even think about documenting until it’s too late.

Here’s the good news.

If you follow this documentation playbook, you can create a rock solid paper trail that will hold up in court.

Why Documentation is So Important

Remember…

Your Alabama workplace discrimination lawyer can only win your case with the evidence you give them. If you don’t document discriminatory actions, there’s no proof it ever happened.

And once an employment claim goes to court, it’s essentially your word against your employer’s.

Does your employer have an attorney? Of course, they do.

Did your employer just spend thousands of dollars building a corporation? You bet.

Employers win 99 times out of 100 in these situations.

Here’s something else to consider.

The Equal Employment Opportunity Commission (“EEOC”) received 88,531 charges of workplace discrimination last year. That’s a 9% increase over FY2023.

But not every victim who files a charge with the EEOC wins their case.

Why?

Because they don’t have the documentation to prove it!

Sure, working with an experienced Alabama EEOC Lawyer can help harassment victims understand what evidence helps build a discrimination case. But your attorney is limited to what you can provide.

That’s why…

Documentation turns a complaint into actionable evidence employers can’t ignore.

Think of it this way…

If a boss says, “You’re not getting that promotion because you’re not ready,” that’s not discrimination.

But if you can prove your employer said that same thing to multiple white employees who got the promotion but not to you, that’s evidence of discriminatory intent.

The six types of evidence we cover below will help you build that case.

The 6 Types of Evidence to Collect

Some evidence is stronger than others.

When it comes to proving your claim of workplace discrimination, you’ll want to gather as much of the following evidence as possible.

Written Communication

Emails, texts, and instant messages are your friends.

They create a time-stamped record of everything your employer (or coworkers) say to you. And because the proof is in writing, it’s difficult for employers to refute.

Start saving everything now:

Emails or texts containing racist, sexist, or discriminatory comments.
Any email that proves you were treated differently than other employees.
Instant messages related to being denied a promotion or opportunity.
Any written threats or hostile communication.

Delete nothing. Forward emails and texts to your personal email account.

Incident Journal

This is arguably the most important documentation you can create.

A detailed journal should include the date, time, and location of incidents. It should note what was said or done, who said/did it, and if there were any witnesses.

Memory fades with time…

…but your notes shouldn’t.

This document can be kept in a notebook at home. Or, you can type it into a digital document that’s password protected.

Just be sure you don’t store anything on a work computer or device.

Witnesses

Introduce your lawyer to coworkers who can back up your story.

Employees who witnessed discriminatory treatment can testify on your behalf. Keep a list of coworkers who were present during incidents, comments they’ve heard, or have experienced similar issues.

Note: Don’t go rallying the troops. Simply make a list of coworkers who can verify your claims.

Performance Reviews

If your employer tries to say your performance wasn’t up to par, you’ll need something to prove otherwise.

Any performance reviews, awards or commendations, positive feedback from customers/supervisors, or sales/productivity numbers you can provide will help counter claims that you “didn’t deserve” a promotion or opportunity.

Include things like:

Annual performance reviews
Awards/recognition
Positive emails from supervisors
Sales numbers / productivity records

The last thing an employer wants is for a discrimination victim to turn around and prove they were performing just as good (if not better) than those who were not discriminated against.

Company Policies

We all know that employers have employee handbooks and standard operating procedures.

If you can obtain copies of your employer’s policies on discrimination, harassment, complaints, and/or progressive discipline, bring them with when you meet your lawyer.

Employers who fail to follow their own policies have a harder time defending their actions.

Medical Records

Employers who discriminate often cause real mental and physical health problems.

If you’ve sought medical treatment for your employer’s behavior, keep records of those appointments. Need anxiety medication after dealing with a racist boss? Keep those receipts.

Did you see a therapist to deal with the depression caused by your harasser? Keep proof.

According to the EEOC, retaliation charges now make up nearly 48% of all discrimination charges received by the EEOC. That’s a HARASSMENT you can prove with medical records.

How to Build Your Documentation System

Don’t take notes randomly.

When discrimination first starts, open a folder on your computer (outside of work) and title it “Employment Discrimination Documentation.”

Starting today, add everything we discussed above under dated folders.

Update it frequently.

Write in your journal after incidents occur. Better yet, take notes WHILE the incident is happening if possible. Within 24 hours is ideal.

Accuracy over quantity.

Employment cases are won based on consistency of documentation, not the quantity.

One or two detailed entries that can prove discriminatory intent will win you the case. A dozen half-assed notes that lack details probably won’t.

Mistakes That Ruin Your Documentation

Even with the best intentions, victims often make these rookie mistakes…

Storing documentation on work computers.

Employers have access to your work computer and phone. Don’t keep any records there.

Waiting too long to start documenting.

We can’t stress this enough. Write it down while it’s fresh!

Adding your opinion to what occurred.

Stick to the facts! “I felt…” type statements hurt more than they help.

Showing your employer your evidence.

This will only give them time to come up with a story to cover what they did.

Keeping digital records only.

Print out emails and keep hard copies of anything you think will help your case.

Wrapping Things Up

Employees who want to win their workplace discrimination case know that documentation is key.

Without a doubt, your employer has more money and legal firepower than you. Good documentation evens the playing field.

Here’s your quick take away:

Start documenting as soon as you become a victim
Collect the 6 types of evidence listed above
Build a consistent documentation system
Avoid the pitfalls that harm your case
Meet with an Alabama employment discrimination lawyer ASAP

Your lawyer can’t help you if you don’t give them anything to work with.

And if you don’t properly document your case from the start, it will be nearly impossible to win.

Documentation doesn’t just help prove your case…

…it creates one.

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