Discrimination Incident Documenter
Securely document and track workplace discrimination incidents
Document an Incident
Record details while they are fresh. The more specific you are, the stronger your documentation will be.
Incident saved to your device.
Incident Timeline
All documented incidents in chronological order. Look for patterns in frequency, escalation, and perpetrators.
Building Your Evidence
Strong documentation is the foundation of any discrimination claim. Here is what to collect and how to collect it properly.
Emails and Written Communications
Save any emails, Slack messages, Teams messages, or written communications that are relevant. This includes discriminatory remarks, unfair treatment, policy changes that disproportionately affect you, or communications showing a different standard applied to you.
How to preserve: Forward relevant emails to a personal (non-work) email account. Take screenshots with timestamps visible. Do NOT alter the originals. Be aware that your employer may monitor work email -- forwarding large volumes may raise flags.
Text Messages and Voicemails
Text messages and voicemails from supervisors, HR, or coworkers can be powerful evidence. Save these with full context (do not screenshot a single message out of a larger conversation).
How to preserve: Screenshot entire text threads showing context. Save voicemails and transcribe them with date, time, and caller information. Back up your phone regularly.
Recordings (Know Your State Law)
Audio or video recordings can be compelling evidence, but legality varies by state.
One-party consent states: You can record a conversation you are a part of without telling the other party. Most states follow this rule.
Two-party (all-party) consent states: All parties must consent to being recorded. States include: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Oregon, Pennsylvania, Washington. Recording without consent in these states may be illegal.
Always check your state's current laws before recording.
Performance Reviews and Evaluations
Request copies of all your performance reviews. A history of positive reviews followed by sudden negative reviews after a complaint or protected activity is strong evidence of retaliation.
Compare: If possible, learn how similarly-situated colleagues were rated. Disparate treatment in reviews can support a discrimination claim.
Witness Statements
Identify coworkers who witnessed discriminatory behavior. While they may be reluctant to come forward, note their names and what they observed. An attorney may be able to contact them during litigation.
Tip: Do not pressure coworkers, but do document who was present at each incident. Some witnesses may be more willing to provide statements after you file a formal complaint or if subpoenaed.
Company Policies and Handbooks
Obtain copies of your employer's anti-discrimination policy, complaint procedures, employee handbook, and any relevant policy documents. If your employer violated their own policies, this strengthens your case.
HR Complaints and Responses
Document every complaint you make to HR, including date, who you spoke with, what you reported, and their response. Follow up verbal complaints with an email: "Per our conversation today, I am confirming that I reported [issue] to you on [date]."
Keep copies: Always keep personal copies of any written complaint you submit.
Template: Personnel File Request
Many states require employers to provide access to your personnel file. Here is a template you can customize.
[Your Name]
[Your Address]
[Date]
[HR Department / Manager Name]
[Company Name]
[Company Address]
Dear [HR Representative],
Pursuant to [your state's personnel file access statute], I am requesting a complete copy of my personnel file, including but not limited to: performance evaluations, disciplinary records, attendance records, compensation history, training records, and any complaints made by or against me.
Please provide these records within the timeframe required by law. I am available to review the file in person or to receive copies by [mail/email] at the address above.
Thank you for your prompt attention to this matter.
Sincerely,
[Your Name]
Filing an EEOC Charge
The Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws. Here is the process step by step.
Step 1: Determine if EEOC Covers Your Situation
The EEOC covers discrimination based on race, color, religion, sex, national origin, age (40+), disability, and genetic information. Your employer generally must have 15+ employees (20+ for age discrimination).
Step 2: File Within the Deadline
180 days from the discriminatory act in most cases. Extended to 300 days if your state has a Fair Employment Practices Agency (FEPA). Do not wait -- deadlines are strictly enforced.
Step 3: Submit Your Charge
File online at the EEOC Public Portal (publicportal.eeoc.gov), in person at an EEOC field office, or by mail. You can also call 1-800-669-4000 to start the process.
Step 4: Mediation (Optional)
The EEOC may offer free mediation. Both parties must agree. Mediation can resolve disputes faster than investigation. If mediation fails, the investigation continues.
Step 5: Investigation
The EEOC investigates your charge. They may request documents, interview witnesses, and visit the workplace. This process can take 6-12 months or longer.
Step 6: Resolution
The EEOC will either: (a) find reasonable cause and attempt conciliation, (b) file suit on your behalf (rare), or (c) issue a "Right to Sue" letter allowing you to file in federal court within 90 days.
State Fair Employment Agencies
Most states have their own anti-discrimination agency that may provide broader protections than federal law. Filing with your state agency often cross-files with the EEOC automatically.
Search for "[your state] fair employment practices agency" or "[your state] civil rights commission" to find your state agency. State agencies often cover smaller employers and additional protected classes not covered by federal law.
Internal HR vs. External Filing
Internal (HR): Filing with HR creates a record and gives your employer a chance to address the issue. Some courts expect you to use internal remedies first. However, be aware that HR represents the company's interests, not yours.
External (EEOC/State Agency): Filing an external charge provides legal protections against retaliation. You do not need to exhaust internal remedies before filing with the EEOC, but having done so strengthens your case.
Recommended approach: Report internally AND keep personal records. If the employer fails to address it adequately, file externally. Always consult an attorney before filing to develop the best strategy for your situation.
Support Organizations by Discrimination Type
Race / Ethnicity
NAACP Legal Defense Fund, Asian American Legal Defense and Education Fund (AALDEF), Mexican American Legal Defense and Educational Fund (MALDEF), National Urban League.
Gender / Sex / Pregnancy
National Women's Law Center, Equal Rights Advocates, A Better Balance (pregnancy/caregiving), TIME'S UP Legal Defense Fund.
Age (40+)
AARP Foundation Legal Advocacy, National Employment Lawyers Association (NELA) -- search for age discrimination specialists.
Disability
Job Accommodation Network (JAN -- askjan.org), Disability Rights Education and Defense Fund (DREDF), National Disability Rights Network.
Religion
ACLU Religious Liberty Project, Sikh Coalition, Council on American-Islamic Relations (CAIR), Anti-Defamation League (ADL).
Sexual Orientation / Gender Identity
Lambda Legal, ACLU LGBT & HIV Project, National Center for Lesbian Rights, Transgender Legal Defense & Education Fund.