How to Document Employment Discrimination

When you are facing discrimination in your current workplace, or when you have faced discrimination as a job applicant, it is critical to have evidence if you want to file a claim. However, it may be more difficult than you were hoping to document employment discrimination and to have a sufficient evidentiary record of the experiences you have faced in the application process for a particular position or while working for a current employer. To be sure, documentation of discrimination is often key to winning a claim. How can you document employment discrimination? Our experienced Palm Beach Gardens employment discrimination attorneys have tips to help you. When you are ready to speak with a lawyer about your case, we are here to help.

Understand Your Rights 

In order to properly document employment discrimination, you will need to know what rights you have under the Florida Civil Rights Act of 1992 and under a range of federal laws that prohibit various forms of discrimination in the workplace. In short, many employees in Florida are protected under state or federal law against discrimination on the basis of actual or perceived race, religion, ethnicity, sex, gender, pregnancy, age, disability, and more.

Learn About What Constitutes Unlawful Discrimination 

In addition to knowing your rights concerning employment discrimination, you will need to know about the forms discrimination takes so that you can document specific circumstances that may be able to provide support for your claim. Discrimination often takes forms that include but are not limited to:

• Denying employment on the basis of being a member of a protected class (such as those listed above);
• Refusing an employee a promotion, or demoting or terminating an employee because of their membership in a protected class;
• Quid pro quo sexual harassment;
• Harassment that creates a hostile work environment; and
• Retaliating against an employee who exercises their rights, which may include reporting discrimination or participating in a workplace discrimination claim.

Gather Evidence 

Next, it is essential to gather as much evidence as possible if you plan to make a discrimination claim. The following are examples of ways you may be able to document the discrimination you are facing, depending on the nature of the discrimination:

• Maintaining records of emails, job advertisements, performance evaluations, work schedules, and any other digital communications that contain discriminatory language or make discriminatory requests, or that demonstrate adverse actions taken against you;
• Seeking out witnesses who have observed discriminatory behavior in your workplace;
• Keeping any text messages, videos, photos, and other discriminatory materials sent to your work or personal phone; and
• Begin keeping your own journal of events, taking detailed notes as soon as possible after each discriminatory encounter that describes what happened, where it happened, and when it happened (down to the specific time).

Contact Our Palm Beach Gardens Employment Discrimination Lawyers 

Nobody should have to face discrimination in the workplace, whether they are applying for a newly advertised position, working in a new job, or working in a position they have had for years. It is essential to remember that employment discrimination can take many different forms, and it is necessary to understand your rights in order to know when you are facing unlawful discrimination for which you may be able to take legal action. If you have any questions or need assistance with your case, an experienced Palm Beach Gardens employment discrimination lawyer at Sconzo Law Office can speak with you today. We can learn more about the details of your case and can discuss options with you for filing a claim and seeking a remedy.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.10.html

dol.gov/sites/dolgov/files/OFCCP/regs/compliance/posters/pdf/22-088_EEOC_KnowYourRights.pdf