No one should have to endure discrimination in the workplace. It's not only unfair—it's unlawful. If you believe you're being discriminated against on the basis of your race, gender, age, religion, disability, or another protected characteristic, it's important to know that you have rights. One of the most critical steps in seeking justice is gathering strong evidence to support your claim.

It's not a surprise that documenting workplace discrimination can feel overwhelming, though. You need the right steps and knowledge to strengthen your case and protect yourself.

Step 1: Understand What Constitutes Discrimination

Before you start compiling evidence, it’s essential to be clear about what qualifies as workplace discrimination. Discrimination occurs when an employee is treated unfairly due to characteristics protected by law, such as race, gender, age, marital status, sexual orientation, disability, national origin, or religion.

Understanding these legal protections enables you to identify incidents or patterns in the workplace that may support your case. Unfair treatment could include being overlooked for promotions, receiving unequal pay, being subjected to harassment, or facing wrongful termination—all under discriminatory circumstances.

Step 2: Document Every Incident

When it comes to proving discrimination, documentation is crucial. Begin keeping a detailed record of every incident that you believe showcases bias or unfair treatment. Include the following:

• Dates and times of the incidents.
• Specific details about what happened, including any discriminatory remarks, actions, or decisions.
• Names of individuals involved, including any witnesses who observed the incident.
• The impact of the incident on your job performance, emotional health, or career trajectory.

For example, if you consistently receive harsher performance reviews than others in similar roles despite equal (or better) performance, document these reviews, their dates, and any corresponding examples of your positive contributions.

Your documentation should remain private and be stored securely, ensuring no unauthorized individuals at your workplace can access it.

Step 3: Save Written Communications and Documents

Discrimination often leaves a paper trail. Pay attention to written communications and workplace policies that may help support your claim. Key types of evidence to collect include:

• Emails, texts, or messages where discriminatory language or unfair decisions are indicated.
• Meeting notes or memos that reflect unfair treatment or policy changes targeting specific groups.
• Performance reviews that seem inconsistent, lack clear feedback, or disproportionately target you compared to your colleagues.
• Any official notices or documents related to disciplinary actions or terminations.

Remember to save these materials in a secure location, such as a personal email account or device, so they are accessible even if your access to workplace systems is restricted.

Step 4: Collect Witness Statements

Witnesses can serve as powerful allies in supporting your claim. If colleagues have witnessed discriminatory incidents, ask if they would be willing to provide testimony or written statements.

Approach this step carefully, as some coworkers may feel reluctant to get involved due to fear of retaliation. It’s important to emphasize that their input could help build a safer, fairer workplace for everyone. Ensure all communications with witnesses are respectful and professional.

Step 5: Compare Your Treatment to Others

Discrimination often becomes apparent when comparing how different employees are treated. Look for patterns by assessing:

• Salary and benefits discrepancies between yourself and others in a similar role.
• Differences in how rules are enforced, such as workplace conduct or leave policies.
• Promotions or advancements given to less qualified coworkers.
• Unequal disciplinary actions for similar behaviors.

These comparisons can serve as evidence of bias within the workplace. Gather any supporting data, such as job descriptions, pay stubs, or employee handbooks, and document instances where disparities exist.

Step 6: File a Complaint Within Your Organization

Most companies have internal procedures for handling discrimination complaints. Filing a formal complaint with HR or management not only informs them of the issue but also creates a paper trail that could be vital later.

When submitting your complaint:

• Be specific about the discriminatory acts.
• Attach any collected evidence, such as emails or written documentation, to support your claims.
• Request written confirmation that your complaint has been received.

Keep a copy of the complaint for your records. If your employer fails to address the issue, this step further demonstrates that you gave them an opportunity to resolve the matter before pursuing legal action.

Step 7: Consult an Employment Attorney

Navigating a discrimination case can be complex, and working with an experienced employment attorney can provide invaluable support. A lawyer can:

• Evaluate your evidence to determine the strength of your claim.
• Advise you on your rights under state and federal anti-discrimination laws.
• Represent you in filing a complaint with agencies like the Equal Employment Opportunity Commission (EEOC) or pursuing litigation if necessary.

Most importantly, an attorney can ensure that your employer follows legal procedures and doesn’t retaliate against you for raising concerns.

Why Gathering Evidence is Important

A successful workplace discrimination claim requires demonstrating that the discriminatory behavior or actions were unlawful. The burden of proof often lies with the employee, which is why collecting solid evidence is so important. Effective documentation not only strengthens your claim but also empowers you with the tools to bring your case to light.

Empower Yourself With Discrimination Lawyers in Des Moines

Experiencing workplace discrimination can feel isolating, but you can have the support you need. Take control of your narrative and stand up for your rights as an employee.

If you believe you have experienced workplace discrimination, don’t wait. Arm yourself with the information you need to take action. Consult our trusted employment discrimination lawyers, who can guide you every step of the way. At Newkirk Zwagerman, P.L.C., our discrimination attorneys are here to help Iowans and Minnesotans who have suffered from any form of workplace discrimination.

Remember, you have rights—and those rights are worth defending. Contact us at (515) 497-9409 to schedule a free initial consultation now.