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Kentucky & Ohio · Employee resource

How to document discrimination at work

You do not need a perfect file to ask for help. Start with what happened, when it happened, and why you believe you were treated differently. This guide helps you organize the facts without putting your job or other people’s private information at unnecessary risk.

For the laws and types of claims that may apply, visit our employment discrimination page.

Write the facts

Make a dated timeline. Separate what you saw or heard from what you suspect.

Keep the record

Preserve relevant records you lawfully possess. Keep originals and the surrounding context.

Check deadlines

Do not wait for a complete file or an internal investigation before getting advice about time limits.

Start a simple workplace timeline

Use a private document or notebook. For each event, answer the same questions:

  1. When and where? Record the date, approximate time, and location. If you are unsure, say so.
  2. What happened? Describe the decision, conduct, or words used. Use quotation marks only for words you remember accurately.
  3. Who was involved? Identify the decision-maker and anyone who saw or heard the event.
  4. Why might it be discrimination? Note facts connecting the treatment to a protected characteristic, such as race, sex, age, religion, national origin, or disability. Unfair treatment alone does not always violate discrimination law.
  5. What happened next? Record your response, any report you made, the employer’s explanation, and changes in pay, duties, hours, or treatment.

Copy this format

Discrimination documentation worksheet

Keep an entry for each event. If you add a detail later, identify when you added it rather than changing the original entry silently.

What evidence can help explain discrimination?

Direct evidence can include a statement explicitly tying a job decision to a protected characteristic. The speaker, context, and connection to the decision matter. An offensive remark is not automatically direct proof of every later decision.

Circumstantial evidence can include different treatment of workers in similar situations, a shifting explanation, or records that conflict with the reason given. No single document is required in every case.

  • Your reviews, discipline, job description, schedules, and pay records.
  • Relevant emails or messages, with dates and surrounding conversation.
  • Complaints, accommodation requests, and the employer’s responses.
  • Names of witnesses and what each person may know.

Preserve evidence carefully

Keep relevant material you already lawfully possess. Do not alter, delete, or selectively edit it. A screenshot can help, but keep the original message or file when you can lawfully do so.

Do not enter accounts without permission, bypass security, or take other employees’ personnel files, customer records, trade secrets, or privileged communications. Do not mass-forward company files to a personal account. If a record is on a work system and you are unsure whether you may copy it, note where it is and ask an attorney about lawful preservation.

Get advice before secretly recording conversations. The applicable law, location of the participants, and workplace rules can affect the risks.

Reporting the problem and protecting your next step

Follow the employer’s complaint procedure when appropriate. Explain the conduct and why you believe it involves discrimination, rather than only calling it “unfair.” Keep the complaint and response. Our sample HR complaint letter can help you organize that message.

Record changes after a complaint or accommodation request. Retaliation is a separate concern, but making a complaint does not prevent lawful discipline for unrelated reasons. For medical needs at work, see disability discrimination and accommodations and FMLA leave rights.

Do not let documentation delay action. EEOC charges generally have a 180-day deadline, extended to 300 days when the legal requirements for that extension apply. Federal workers generally have a different process beginning with EEO counselor contact within 45 days. Other claims have different deadlines. An internal complaint usually does not pause the EEOC deadline.

Questions about documenting discrimination

Can I have a case without a discriminatory email or recording?

Yes. A case may rely on witness testimony, comparisons, documents, and other circumstances. Whether those facts establish a claim depends on the situation. Do not assume that the absence of a written admission ends the inquiry.

Should I ask coworkers to write statements?

Start by identifying who may have firsthand information. Do not pressure witnesses, coach their answers, or ask them to obtain records they are not authorized to access. An attorney can discuss appropriate next steps.

What if the employer controls the important records?

Write down what you remember about the records and where they may be located. You do not need to obtain the employer’s entire file before seeking advice. Formal investigation or litigation may provide lawful ways to seek relevant evidence.

Do I need to finish this worksheet before contacting you?

No. A short timeline and the records you have are enough to start a conversation. If a deadline or proposed agreement is approaching, mention that immediately.

Tell us what happened

Thompson Legal represents individuals in Kentucky and Ohio. We never represent employers or government. You do not need to know the legal name of your claim before reaching out.

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Official guidance and further reading

Published by Thompson Legal LLC. Updated November 10, 2026. General information, not legal advice for a particular situation. Reading this guide does not create an attorney-client relationship.