How to Document a Hostile Work Environment
Under U.S. federal law, certain employees are allowed to file suit against their employer if they face regular harassment based on their status as a member of a protected group, such as one defined by sex, race, creed or disability. While there are no laws against hostile work environments, the employer may face civil penalties if the harassment is sufficiently widespread and severe. To prove harassment occurred, the harassed employee must document it, which can be done in various ways.
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Instructions
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Save documents related to the harassment. Harassment is not limited to spoken comments, but can also take the form of written letters, notes, emails, office displays or presentation. In order to adequately document the harassment, you should save as many documents related to the harassment as possible. For example, if a supervisor sends you an offensive email, print a copy or forward it to another account. If an offensive notice is posted in the break room, take it down and save it.
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Send letters identifying specific instances of harassment and ask for a response. One way to document that harassment occurred is to write down a description of the harassment and send it to the harasser for a response. For example, if a supervisor called you an offensive name, send an email to the supervisor citing the epithet and the time and place it was used, and ask why he said it. If he sends a response that confirms or does not directly deny the incident occurred, this can help corroborate your claim.
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Wear a wire. In many cases, the only way to document certain incidents is to record them. In many states, it is illegal to tape record another party without his knowledge and consent. However, in some states, only one party in a two-party conversation needs to know about the taping for it to be legal. A state-by-state guide to taping rules is available in the Resources section.
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Ask co-workers to corroborate incidents. Another way to document harassment is to ask a co-worker who witnessed it to corroborate that it took place. A co-worker may be willing to testify at a trial or sign an affidavit that spells out what he saw. This can be particularly important, as it provides a third-party account of the hostile work environment.
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