Some ways to gather evidence of workplace discrimination

Frank S. Clowney III

If you suspect that you’re being discriminated against in the workplace, then you might foresee legal action on the horizon. This is especially true if you end up suffering from a negative employment action, such as demotion, a pay cut, a worse work assignment, or even termination. That’s why the time is now to start gathering the evidence you might need to support a legal claim with the intent of finding accountability and achieving a just outcome.

Gathering evidence of workplace discrimination

There are a lot of things that you can do to start gathering evidence of workplace discrimination. Here are some good places to start:

  • Take notes: As soon as you feel like you’ve been subjected to some form of discrimination or you’ve witnessed someone else fall victim to discrimination, take notes about when it occurred, who was involved, and what happened. This can help you remember important details further down the road.
  • Retain your employment records: If you end up bringing forth a discrimination claim, then your employer is probably going to argue that the negative employment action was justified based on poor work performance. Be prepared to counter this with your work appraisals and any other correspondence that shows your success at work.
  • Keep communications: Written communications like emails and text messages can be powerful evidence of discrimination, so make sure that you’re keeping those records in a safe place.
  • Talk to others: If you’ve been discriminated against in the workplace, the chances are pretty good that you’re not the only one. Talk to others to hear their story and don’t forget to obtain their contact information.

Use the legal system to your advantage

These are just a few basic things you can do to start gathering the evidence that you might need to support a discrimination claim. Whether your facing overt racism or being subjected to policies that have a disparate impact, you’ll probably need additional resources to support your claim. The power of the law is a beautiful thing and can help you subpoena needed employment records, depose individuals with pertinent information, and argue for what is right. The process isn’t always easy, though, which is why many people find it beneficial to work closely with an experienced employment law attorney who knows how to fight on their behalf.