You have the right to a workplace free of unlawful discrimination and harassment based on protected characteristics like race, national origin, sex, and religion. You also have legal recourse if those rights have been violated. However, the law doesn’t enforce itself; to hold your employer accountable, you need to document the unlawful behavior.
Make sure you have the evidence to protect your rights at work
The right documentation can make all the difference in a complicated employment discrimination case. Write down what happened, including the following:
What was said and who said it
If comments have been made at work related to your race, religion, gender, or another protected characteristic, who made those comments? Was it a supervisor or a coworker? Keep detailed records of those comments and each person’s rank in the corporate hierarchy.
When comments were made and actions were taken
Timing is critical in employment discrimination claims, for a few reasons. First, there are strict deadlines that apply to discrimination cases, so the timing of the discriminatory behavior or employment action can affect the amount of time you have to take legal action. Second, keeping records of time can help to establish patterns of behavior, which can be critical in your employment case.
Who, if anyone, witnessed the discriminatory or harassing behavior
Witnesses can play an important role in employment cases. They can verify what happened and provide powerful testimony in court if necessary. Make sure you write down the names and contact information of any witnesses so your lawyer can follow up with them later.
Whether you reported the behavior, formally or informally
Reporting discrimination or harassment puts your employer “on notice” that it’s happening under their watch. That’s why it’s important to keep a written record of any reports you made to a manager, human resources, or anyone else in charge in your workplace. You can make a report orally, but it’s best to put it in writing (a quick follow-up email will do) to ensure that you have a record of making the report.
Make sure you keep records outside your employer’s systems
It’s critical that you have your own records of the discriminatory or harassing behavior, outside your employer’s control. Keeping personal records ensures that you will have access to this information if your employer unexpectedly fires you or cuts off your access to their systems.
In addition to records of the discrimination or harassment itself, make sure you keep copies of your performance reviews, communications from supervisors, and any other information that speaks to your overall job performance. If you are fired, demoted, reassigned, or otherwise targeted, your employer will likely try to argue their decision was related to a non-discriminatory reason such as job performance. If you can verify that you met or exceeded expectations in your job, you will be in a better position.
Talk to an experienced employment lawyer today
Again, employment discrimination cases can be complex, and there are strict deadlines that must be followed. That’s why getting legal representation as soon as possible is so important. If you believe you have been illegally discriminated against or harassed at work, contact Nilges Draher LLC in Ohio for a free case evaluation. With offices in North Canton, Cleveland, and Columbus, our employment attorneys offer legal representation to workers nationwide.
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