Unfortunately, discrimination is prevalent for many Americans at work. Data suggests that approximately 60% of American workers have experienced and/or witnessed discrimination in their workplaces. Experiencing discrimination is distressing on many levels – it can take a toll on your physical, mental, and financial wellbeing, negatively impact your ability to perform at work, and damage your career future prospects. It is hard to know what to do, who to speak to, where to go for support, and how to achieve the justice you deserve.
Only a small percentile of workers who face discrimination bring claims against their employers, and even fewer are successful in holding their employers accountable for their unlawful behavior. This may be, in part, because victims of discrimination do not have the documented evidence to prove their claims.
Gathering evidence of the discrimination is a key step in fighting unlawful employment discrimination. Having documentation of the discrimination will be helpful throughout the process from consulting with potential legal counsel through a courtroom trial.
There are various forms of documentation that can help establish the facts of your case and prove that you experienced unlawful discrimination. Below we will review common forms of documentation that may help prove your claims and hold your employer accountable.
Timeline: A personal timeline, log, or diary of events is an essential piece of evidence in an employment case. Whenever a discriminatory event occurs, or something happens that is related to your claims, make note. It is important to keep your timeline up to date – you may be tempted to think that you will be able to recall all the details looking back, but this can be harder than it seems. The strongest timeline will be one that is routinely updated and includes the date, time, location, and substance of relevant events, relevant actors, and names of witnesses. A thorough timeline will also help give strong context to other documentation you collect, and will help you make a case for the full picture of what you have experienced.
Messages: Messages, especially in an increasingly remote workplace, are often strong sources of evidence. Messages can include (but are not limited to) emails, text messages, and chat messages. If you receive any messages that are discriminatory or reference discrimination, save the message. To save time and avoid future confusion, it is helpful to organize and label the messages that you save (and reference them in your timeline). If you are concerned that saving messages will violate your employer’s policy, speak with an attorney.
Paystubs: Employees facing discrimination may suffer financially as a result. Your wage and hours may change as a result of discrimination, and your paystubs could be essential in proving your claims. Proof of financial loss will help you claim financial damages if and when your case goes to court. Save and organize your paystubs if you believe you are receiving less than you are owed due to discriminatory treatment.
Workplace policy and training documents: Federal and state employment laws dictate the terms of your employment, but individual employers may have additional policies and trainings that relate to your claims. Saving these documents may help prove that their behavior is in violation of their own policies, or that their policies are in violation of the legal standard. Any signed policy agreements, such as an arbitration agreement, will be key pieces of evidence moving forward.
Medical records: Discrimination may impact both your mental and physical health. If you have sought medical treatment or counseling as a result of your workplace conditions, medical records may serve as an important source of evidence. Along with proving claims, they may help demonstrate the damages that you suffered as a result of your unlawful treatment. You may request medical documentation from your medical provider. If you are unsure of how to request your personnel file, connect an employment attorney.
Personnel file: California law entitles employees to have access to their personnel file – at any point you can request a copy of your personnel file from your Human Resources representative. Your personnel file may include some of the documents mentioned above such as paystubs, policy and training documents, and may also include important items such as performance reviews which could help you prove your case. If you are unsure of how to request your personnel file, contact an employment attorney.
If you are experiencing discrimination at work, reach out to an employment attorney. An employment lawyer can support you in collection the necessary documentation, as well as help you in building a persuasive case from the evidence you gather. Navruz Avloni is an experienced employment attorney dedicated to fighting for employee rights and for fair and safe working conditions. If you believe you could benefit from speaking with an employment attorney at any point, call the Avloni Law Firm for a free consultation.
