Employment discrimination is, unfortunately, still a common occurrence in today’s workplace. It can be found in subtle microaggressions and overt acts of bias. You can experience discrimination in the workplace based on your race, gender, age, religion, disability status, and other protected characteristics. If you experience employment discrimination, or even just witness it, the best way to protect yourself in the future is to document it. The importance of documenting employment discrimination cannot be understated.
As an employee who experiences or witnesses discrimination, it is important to document these incidents to protect your rights and take legal action. The employment discrimination attorneys at Barrett & Farahany will explain and detail the different ways you should document employment discrimination.
Why is Documentation Important?
Documentation serves as a record of events that can be used as evidence in a court of law. When it comes to employment discrimination, documentation is crucial to establishing a pattern of discriminatory behavior. It can do this by serving as proof of the mistreatment or bias you have faced during your employment.
It’s not enough that you were a witness to your experience. You need proof that it happened to convince the court of law.
How to Document Employment Discrimination
- Keep a Written Record: The first step in documenting employment discrimination is to keep a written record of every incident that occurs. Your records should include dates, times, locations, who was involved, who witnessed it, and details of what exactly happened.
- Gather Evidence: In addition to written records, it is important to collect evidence of the discrimination in question. This can include copies of emails, text messages, photos, videos, or any other relevant documents. Be careful about sending this evidence outside of your place of business. Doing so may violate your employment contract.
- Report the Incident: If possible, report the incident to the most relevant supervisor or Human Resources representative. This forces your employer to record the incident. You should not necessarily expect Human Resources to help you. Human Resources is meant to protect the company, not the employees, so there is no confirmation that you will be assisted, but it is confirmation that they have a record of the incident. Even if you’re worried that they won’t record the incident, you should have a record of the email you sent to them.
- Seek Witnesses: If there were witnesses present during the incident, it is important to have their contact information ready for your attorney.
- Keep Personal Records: It is also important to keep personal records such as performance evaluations, work schedules, and any other relevant documents that may support your case. If your case of employment discrimination includes some kind of misrepresentation of your work, these personal records can prove your employer’s representation of your work to be false.
Legal Consequences of Employment Discrimination
Employment discrimination not only affects the morale and productivity of a workplace, but it also carries severe legal repercussions for the employee and employer.
Employers found guilty of discrimination can face substantial fines, punitive damages, and even criminal charges in certain cases. They may also be required to reinstate a fired employee, provide back pay, or make reasonable accommodations for the affected staff member. Moreover, the company’s public image can be significantly tarnished, leading to a potential loss of business.
Employees need to understand that their employers will fight tooth and nail, which can be emotionally and mentally harrowing. Be ready to deal with backlash from your employer before you file a lawsuit against them.
Contact the Employment Discrimination Attorneys at Barrett & Farahany
Documenting employment discrimination is a crucial step in protecting your rights and seeking justice and compensation for your rights being violated. By following the tips and guidelines outlined in this guide, you can effectively document incidents of discrimination and potentially take legal action. Remember to always consult with an experienced employment law attorney for guidance on how to proceed with your specific case. The attorneys at Barrett & Farahany are ready to help you. Contact us today to schedule a consultation.
