How to Document Discrimination at Work

Facing Discrimination? Start Here

Experiencing workplace discrimination in California can feel isolating and overwhelming. Whether it's based on race, gender, age, disability, or another protected category, you have rights under state and federal law. Knowing how to document discrimination at work is a critical first step to protecting yourself and building a strong case, should you need to file a complaint or lawsuit. Attain Law attorneys are here to help you understand your options and guide you through this process.

If you're also dealing with other employment challenges, such as a hostile work environment or workplace retaliation, documenting each incident is equally important. This guide will walk you through what to record, how to organize your evidence, and what California law says about your rights.

What Counts as Discrimination?

Discrimination at work occurs when an employer treats an employee unfairly because of a protected characteristic. In California, protections extend beyond federal law, covering categories like sexual orientation, gender identity, marital status, and more, as outlined in the Fair Employment and Housing Act (FEHA).

Common Forms of Discrimination:

• Denial of promotions or raises
• Unfair discipline or write-ups
• Harassment or offensive comments
• Unequal job assignments
• Wrongful termination

If you feel your experience goes beyond discrimination and rises to wrongful termination, review our article on signs you may have a wrongful termination case.

California Laws Protect You

California’s FEHA is one of the strongest anti-discrimination laws in the country. It covers employers with five or more employees and prohibits discrimination based on:

• Age (40+)
• Race, color, or national origin
• Sex, gender, gender identity, or gender expression
• Sexual orientation
• Disability, medical condition, or genetic information
• Marital status
• Religion

Federal laws like Title VII of the Civil Rights Act also apply, but California law often provides broader coverage. For more details on the types of workplace discrimination, see Types of Workplace Discrimination and Your Rights.

Why Documentation Matters

Having thorough, accurate records strengthens your position if you decide to file an internal complaint or pursue legal action. Documentation:

• Provides a timeline of incidents
• Shows patterns of behavior
• Supports your credibility
• Helps your attorney or HR understand your claim

Solid evidence is just as important in cases like wage and hour disputes, where records of unpaid wages or denied overtime can make all the difference.

What to Document

Start collecting evidence as soon as you suspect discrimination. Consider documenting:

• Date, time, and location of each incident
• Names and titles of those involved
• Specific discriminatory words or actions
• Witnesses present
• Impact on your job or well-being

If you’ve received any written communication (emails, texts, memos) related to the discrimination, save copies in a secure location.

Other helpful records include:

• Performance reviews (before and after incidents)
• Pay stubs and schedules
• Employee handbook or company policies
• Medical notes (if discrimination affects your health)

How to Keep a Discrimination Log

Maintaining a clear log helps you stay organized and makes it easier to spot patterns. Use a notebook, spreadsheet, or secure digital document. For each entry, include:

• The date and time
• What happened (facts only, not opinions)
• Who was involved or witnessed the event
• How you responded
• Any supporting documents (attach or reference them)

For example, if a manager makes a derogatory comment, record the exact language used, who else heard it, and how it made you feel. This approach is also effective if you’re documenting issues for a hostile work environment.

Collecting Physical and Digital Evidence

In addition to a written log, save:

• Emails and chat messages with inappropriate content
• Voicemails or audio recordings (note that California is a two-party consent state for recordings)
• Photos of offensive material (e.g., posted images or graffiti)
• Copies of complaints you have filed and any responses

Keep backups of all digital files in a private, secure folder—do not store sensitive evidence on a shared work computer.

Reporting Discrimination Internally

Most employers in California have policies for reporting discrimination, often outlined in your employee handbook. Follow your company’s procedures to give your employer a chance to address the problem.

• Submit a formal, written complaint to HR or your supervisor
• Attach copies of your documentation
• Request written confirmation of your report

Document all interactions related to your complaint, including meetings, phone calls, and emails.

Filing a Complaint with State or Federal Agencies

If internal reporting doesn’t resolve the issue, you may file a complaint with the California Civil Rights Department (formerly DFEH) or the federal Equal Employment Opportunity Commission (EEOC).

• You typically have three years from the last incident to file with the state
• The state agency will investigate your claim and may offer mediation

Include your documentation when submitting your complaint. For more on this process, see Steps to File a Workplace Discrimination Claim.

Staying Professional and Safe

While documenting discrimination, continue to perform your job duties to the best of your ability. Avoid retaliatory behavior, and be mindful of your tone in all written communications. If you fear retaliation, you have protections under California law—learn more at Legal Protections Against Employer Retaliation.

If your health or safety is at risk, seek support immediately and consider contacting a trusted colleague or mental health professional.

When to Contact an Attorney

If your employer fails to address the problem, or if you face retaliation, consulting an employment attorney can help you understand your rights and next steps. A lawyer can:

• Review your documentation
• Advise on legal options
• Help file agency complaints or lawsuits

Attain Law’s team is experienced in handling all types of employment law matters, including disability rights and wage and hour disputes.

Organizing Your Evidence for a Strong Case

Before meeting with an attorney or agency, organize your materials:

• Chronological log of incidents
• Copies of all emails, texts, and memos
• Any audio or visual evidence (with consent, per California law)
• Relevant workplace policies

Having everything ready will save time and demonstrate the seriousness of your claim.

Know Your Rights and Next Steps

California employees are protected from discrimination in nearly every aspect of work—hiring, firing, pay, promotions, and more. By documenting each incident carefully, you take control of your situation and give yourself the best chance for a fair outcome.

Closing Call to Action

If you believe you’ve experienced discrimination at work, Attain Law attorneys are here to guide you. Call (888) 970-8627 or contact us today for a free consultation. We’re committed to supporting California employees through every step of this process.

Frequently Asked Questions about Documenting Workplace Discrimination in California

What should I include in my workplace discrimination log? Include the date, time, location, people involved, specific actions or words, witnesses, and the impact of each incident. Save copies of related documents such as emails, performance reviews, and company policies.

Is it legal to record conversations about discrimination at work in California? California law requires consent from all parties before recording any conversation. Recording without consent may be illegal and could harm your case.

How long do I have to file a discrimination complaint in California? You generally have three years from the last incident of discrimination to file a complaint with the California Civil Rights Department.

Can I be fired for reporting discrimination? California law prohibits retaliation against employees who report discrimination. If you experience negative actions after reporting, you may have an additional legal claim.

What if my employer ignores my discrimination complaint? If your employer fails to respond or resolve the issue, you may file a complaint with a state or federal agency or seek legal advice from an attorney.