Documentation Requirements for Building Your Case & Common Employer Tactics and How to Counter Them

Essential Documentation Elements

Incident Details: For each incident, record: - Complete date and time - Specific location within the workplace - Duration of the incident - Verbatim quotes when possible - Physical descriptions of actions - Context surrounding the incident Impact Documentation: Record how harassment affects you: - Emotional and psychological impact - Physical symptoms or health effects - Work performance changes - Changes in work relationships - Financial impact (medical bills, lost opportunities) Witness Information: Document potential witnesses: - Names and contact information - Their position relative to the incident - What they observed or heard - Whether they've agreed to provide statements - Any comments they made about the incident

Medical and Professional Documentation

Healthcare Records: If harassment affects your health: - Keep records of medical appointments - Document stress-related symptoms - Save receipts for mental health treatment - Get documentation from healthcare providers linking symptoms to workplace stress Performance Documentation: Maintain records showing: - Performance reviews before harassment began - Changes in evaluations during harassment period - Any disciplinary actions taken against you - Projects or opportunities you've missed due to harassment

Electronic Evidence Preservation

Email and Message Evidence: - Forward harassment-related emails to your personal account - Screenshot text messages or instant messages - Save voicemails to external storage - Document social media harassment Technical Considerations: - Don't delete original evidence from work systems - Create multiple backup copies - Note dates and times when you saved evidence - Maintain chain of custody for all evidence

Minimization and Dismissal

Common Tactics: - "It was just a joke" - "You're being too sensitive" - "That's not what they meant" - "It's just how [person] is" Counter-Strategies: - Emphasize the legal standard, not intent - Reference company policies that prohibit such behavior - Document the dismissive response - Request specific investigation steps

Victim Blaming

Common Tactics: - Questioning your clothing or behavior - Suggesting you encouraged the harassment - Focusing on your response rather than the harasser's actions - Implying you should have spoken up sooner Counter-Strategies: - Redirect focus to the harasser's conduct - Emphasize that harassment is never the victim's fault - Reference legal standards that don't require immediate reporting - Document victim-blaming responses as potential retaliation

Inadequate Investigations

Common Problems: - Failing to interview key witnesses - Not preserving evidence - Predetermined conclusions - Conflicts of interest in investigation Your Rights: - Request specific investigation steps - Provide witness lists and evidence - Ask for interim protections during investigation - Document any procedural failures