To be discriminated against in the workplace can be frustrating and pose multiple issues. It is thus common to see an attorney where adequate paperwork determines the strength of the case. Accurate and thorough documents can greatly bolster your arguments and enable attorneys to grasp the whole nature of your case.
Jeffrey Goldberg Law provides a detailed walk-through instruction on properly recording workplace discrimination.
1. Identify the Type of Discrimination
Clearly state the kind of prejudice you're facing before you start recording. Racial, gender, age, handicap, religious, sexual orientation, or other protected attributes may all form the basis for discrimination. Knowing the kind of prejudice will enable you to concentrate on your documentation activities.
2. Keep a Detailed Journal
Maintain a detailed journal of incidents related to discrimination. For each entry, include:
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Date and Time: Record when the incident occurred.
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Location: Note where the incident took place.
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Description: Provide a clear and concise description of what happened. Include direct quotes if possible.
3. Collect Supporting Evidence
Gather any supporting evidence that corroborates your claims. This may include:
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Emails and Correspondence: Save emails, messages, or other written communications demonstrating discriminatory behaviour or comments.
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Performance Reviews: Keep copies of performance reviews that show discrepancies or bias, particularly if they are unfairly negative compared to previous reviews.
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Meeting Notes: Record notes from meetings or conversations where discriminatory remarks were made.
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Photographs or Videos: If applicable, take photos or videos that can support your claims.
4. Document Witnesses
List and record any observers of the discriminating events. Compile their contact details and, should necessary, find out if they are ready to testify or provide comments. Support for your cause might come from very crucial witness testimony.
5. Record Any Reporting Attempts
If you have reported the discrimination to your employer, document these attempts. Include:
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Dates and Times: When did you report the issue?
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Recipients: Who did you report it to (e.g., HR, supervisor)?
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Details of the Report: What was said or written in the report?
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Responses: Note any responses or actions taken by your employer.
This record shows that you have taken steps to address the issue through internal channels.
6. Save Relevant Company Policies
Get and save copies of business rules against harassment and discrimination. This may consist of:
● The part on workplace behaviour and discrimination in the employee handbook
● Particular rules address these issues.
● Procedures for reporting discrimination and corporate handling of complaints define each other.
Knowing these policies will enable you to decide if your company broke its own policies.
7. Keep Track of Relevant Dates
Document important dates related to your situation, including:
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Incidents of Discrimination: When did each incident occur?
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Reporting Dates: When did you report the discrimination?
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Response Times: When did you receive a response from your employer?
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Employment Dates: When did you start and end your employment, if applicable?
A timeline can help illustrate the pattern of behaviour and its impact over time.
8. Gather Financial Records
Collect relevant financial records if the discrimination has led to financial losses, such as wages or job benefits. This can include:
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Pay Stubs: Show any changes in your earnings.
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Employment Contracts: Highlight any contractual obligations or changes.
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Medical Bills: If applicable, document any medical expenses related to stress or health issues caused by the discrimination.
9. Seek Witness Statements
Ask coworkers or other people who have seen the prejudice and its consequences if they would be ready to provide written comments or evidence. These remarks will give your arguments more legitimacy.
10. Review and Organise Your Documentation
Check all of your material for completeness and correctness. Sort it logically, perhaps by kind of evidence or date. To help your attorney grasp the background, compile a summary paper including important events and points of view.
11. Consult a Lawyer
Once your material is gathered, see an employment law or discrimination case specialist attorney. They may help you decide on the best course of action, review your records, and provide legal advice.
Conclusion
Strong legal case development depends on extensive documentation of employment discrimination. Keeping thorough records, compiling supporting data, and structuring your materials can help you successfully defend your assertions and pursue the justice you deserve.