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I think Im being discriminated against at work, harassed or treated unfairly. What should I do?

A: Document, Document, Document!

In any labor and employment matter, regardless of whether we are advising an employer or an employee, we always start with the same advice: Document, document, document! For employees, few things can be more damaging to your case, or your credibility, than an inability to identify the specifics of the alleged discriminatory conduct -- the who, what, when, where and why. For employers, the absence of any contemporaneously-made documents regarding an on-the-job incident could undercut any legitimate justifications you may have had for the adverse employment action.

Start a file in which to put all of the documents regarding the incident. Keep the file in a safe place, preferably off-site or at home. Maintain a copy of any employment contract, employee manuals or handbooks. If you receive a letter, memo, performance evaluation or other document, regardless of whether you think it is relevant or not, make a copy of it and put it in the file. If you have emails, print them out and save a copy. (Remember, the computer, email account, software and hardware are the company’s property; you can be locked out of them at any time without notice).

When in doubt, document! It is better to err on the side of having too many documents then not enough.

Consult Your Employee Manual or Handbook
Be sure to consult your employee manual or handbook as soon as possible in order to see: (1) what equal employment opportunity policy your company has in place; (2) who your EEO Officer is (it is likely someone within HR); and (3) what steps need to be taken to lodge an official EEO complaint with the company. If you feel that you have been disciplined unfairly, check the guidelines set forth in the manual or handbook to make sure that your employer followed proper procedure. Finally, if you’ve been terminated, consult these documents (and, more importantly, any employment contract you have with the company) to determine whether you can only be terminated “for cause.”

Create A Journal -- But Be Careful What You Write
Create a running journal at home of each and every instance of what you feel is discriminatory conduct, as well as every instance in which you tried to remedy the situation. Again, keep an accurate record of the who, what, when, where and why. In particular, think about what witnesses will likely support your story, and which are unlikely. The more time that passes, the more likely your memory is going to fade. Consequently, the importance of keeping a running journal cannot be overstated.

But, be very careful in what you write in your journal because there is always a chance it may have to be turned over to the other side. Assume that whatever you write will be made public some day. A good rule of thumb: If you would be embarrassed to read your journal to your parents, don’t write it!

Talk to an Attorney
Finally, consult with an attorney as soon as possible, and in no event later than 180 days from the date of the alleged discrimination. Every single legal cause of action -- whether for negligence, breach of contract, medical malpractice, or labor and employment -- has a deadline within which a potential plaintiff must file his or her claim. These are referred to as “statutes of limitation.” In the labor and employment context, the most stringent of these statutes of limitation is the deadline for filing a cause of action for disability on the basis of race, color, sex, religion, national origin, age or disability. Under federal law, you must file a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission within 180 days from the date of the alleged discrimination or any cause of action for such discrimination will be forever barred.

Call the lawyers at Bucci & Dix, LLC today for a free consultation. (804) 332-5250.