Strong evidence doesn’t just support your claims. It helps protect you, gives decision-makers less room to dismiss what happened, and can reduce the chances of the same harm happening again.
Whether you’re raising concerns with HR, talking to a lawyer, or trying to get the EEOC to take a closer look, evidence is what makes people pay attention.
Of course, it’s usually only possible to capture this evidence while you’re still employed and still have access to the evidence you’ll need, so this list is primarily written for employees who are still in their job and want to take proactive steps towards protecting themselves from the discrimination.
1. Know What Evidence to Capture
If you’ve never been through this before, it’s hard to know what evidence will matter later. What often surprises people is that even small, seemingly unrelated messages or details can become important if they later contradict a statement, explanation, or version of events from your employer.
That’s why we generally recommend capturing more than you think you’ll need, including one-off messages and small details. To help you get started, here are examples of evidence you may want to consider capturing:
Performance reviews and feedback
Especially shifts in performance ratings, including prior positive reviews and more recent criticism.Pay and promotion information
Documentation showing differences in pay, raises, bonuses, or advancement compared to peers.Changes in work responsibilities
Evidence of being excluded from meetings, reassigned to less desirable tasks, or having authority or scope reduced.Emails and messages
Written communication that shows discriminatory comments, unfair treatment, shifting expectations, or retaliation.Witness information
For incidents where witnesses were present, note who was there, what they saw or heard, and whether they'd be willing to confirm it.A timeline of events
Dates, times, what happened, and who was involved. This helps show patterns rather than isolated incidents.Policies and handbooks
Company documents that explain how discrimination, harassment, or escalation is supposed to be handled.
Once you begin to escalate, you should also begin saving escalation communications including records of what concerns you raised, to who, what evidence you provided them and how they responded.