How to Document Workplace Discrimination - Brown Kwon & Lam, LLP.

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How to Document Workplace Discrimination

Posted May 31, 2022 | Discrimination, Employment Law

Employment discrimination impacts tens of thousands of employees each year. When this happens, you want to take action against your employer and get justice for the discrimination you’ve experienced. However, this can be a difficult process. While you might have suffered due to discrimination, you’ll need to be able to prove that this occurred. This is why it’s important to keep documentation of the discrimination and know how to access it. There are various types of documentation that can help prove that you experienced workplace discrimination, and your employer can help you know what type of proof you’ll need in your case.

Pay Stubs

Some employees who experience discrimination may suffer financially as a result. You may miss time from work, be given fewer hours, have your pay reduced, or lose your job. If workplace discrimination has caused you to lose money, your attorney may be able to help you receive back or front pay to make up for what you’ve lost. Documenting your pay should include having proof of your pay before and after the discrimination occurred.

A Diary

Whenever you feel like you’re being discriminated against or harassed at work, you need to ensure you’re documenting the event yourself. You may think that you’ll be able to recall what occurred later on by yourself, but this can be harder than you might expect. Keeping a diary of your own to document details of the discrimination you experienced can make it easier for your to provide specific details down the road. You should keep track of the exact time and date of the discrimination, the actions and behaviors you experienced at that time, anyone who may have witnessed it, and other information relevant to the event.

Employee Handbooks and Workplace Policies

While state, federal, and local laws protect employees from discrimination and harassment, your employer may also have regulations in place stated in your employee handbook and other policies. These may also outline the process for investigating claims of discrimination and how these issues are to be resolved. Showing that your employer had a written policy that they didn’t follow can be valuable documentation in your case.

Medical Records

Discrimination can significantly impact your health and well-being, including your mental health. If you’ve received medical treatment or mental health counseling as a result of the discrimination you faced, this can be valuable to your case. Your medical records can help prove that you’ve suffered due to discriminatory actions and behaviors at work and your employment discrimination lawyer can help you fight for compensation for the cost of these treatments.

Your Personnel File

If you’ve experienced adverse employment actions due to discrimination, your personnel file may help show that your actions and quality of work had nothing to do with it. For example, you may have glowing performance reviews that don’t match the claims your employer is now making. What access you have to your personnel file at work can vary from employer to employer. There are no federal or New York state laws that require an employer to give an employee access to their personnel file. Even if you do have access, you need to ensure you understand whether or not you’re allowed to make copies or take pictures of your documents. Your attorney can help you access and utilize your personnel file to help your case.

Discriminatory Messages

If you’ve received discriminatory messages, such as texts or emails, at work, don’t delete them. Documentation like this will be a valuable part of your case. This is also true for other evidence of discrimination in your workplace, such as offensive imagery displayed that you can take a picture of. However, saving work messages like emails on your personal computer could violate your employer’s policies in some cases. An attorney can help you navigate how to use evidence like this in a way that won’t get you in trouble with your employer.

Speak with an NYC Employment Discrimination Attorney Today

If you’ve been discriminated against at work, don’t hesitate to contact an employment discrimination attorney for help. At Brown Kwon & Lam, our experienced team understands the evidence you’ll need to prove that you suffered from discrimination and how you can obtain it. We can help you get justice and compensation for the discrimination that has occurred.

Contact us today to discuss your situation.

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