Before You Make an EEOC Complaint…

Document, document, document. I cannot stress that enough. Discrimination claims, particularly gender discrimination claims are extremely difficult to prove. The burden of proof lies with you. Follow these guidelines before you file a claim;

1. Don’t do anything that will give your employer a legitimate reason to fire you. If they’re looking to fire you, trust me when I say they will be documenting your every move. Do not be tardy, do not be insubordinate, do not have unexcused absences, do not send out emails that will come back to haunt you (because they will). Imagine everything you do hence forth is being taped and will be played back before a jury. You want to be squeaky clean. Make sure that you are.

2. Make sure you have a copy of the employee handbook (if one was issued to you). If not, call your HR department and ask for one. Make a note of the day you requested the employee handbook, who you spoke with, and when you received the handbook. Keep this in a file (at home).

3. Make a copy of the employee handbook; every page. If you’re terminated, you may be required to turn the handbook back in. Be prepared for that. Make sure you have read and reviewed the handbook so when the EEOC has a question, you’ll be able to refer them to the appropriate page.

4. Make sure you have a copy of every performance appraisal ever issued you.

5. Make sure you have a copy of any memos or other written statements from your superiors or others involved. This includes everything from formal memos to notes written on the back of an envelope; everything that could be found objectionable.

6. If you ever receive any written warnings or disciplinary action, make sure you write down your version of the events and back that up with any affidavits from witnesses. If you’re not comfortable with getting affidavits from co-workers, make a note of the time, the event in question, and the names and contact information of witnesses. Always remain professional, even if you disagree with what is happening to you or around you.

7. Keep a log of personal commentary as events unfold. Did anyone make a comment you find objectionable, any that reference, race, sex, or age or handicap bias? Is management treating a protected class differently? Write it down. You’ll need the time, the date, and the names of witnesses. Do it right then while the events are fresh in your mind. Note the way the comments or the actions made you feel. Details and accuracy are key. Avoid any feelings of anger or sarcasm meaning, don't let a negative tone come across in your notes.

8. Before you go to speak with the offending party or management, go through your emails. Pull anything that can be used against your employer and the co-worker in question; anything that has to do with illegal activity, discriminatory activity, anything and everything that could be construed as remotely objectionable. You may not get a second chance to access this information. Please note, some company handbooks state that email is company property (clearly, there’s a reason why they’re saying this). I don’t want you to do anything that will get yourself in trouble. Please understand I’m not telling you to do anything illegal. Just know that emails have a knack for disappearing. If you don’t have some record of them, your case could be in jeopardy.

9. Make sure you have pulled from email and elsewhere, any positive feedback you have received. Go as far back as you need to go. This feedback can be from co-workers, customers, and management. This will be extremely important, particularly if you don’t have the performance appraisals to back you up.

Once you have all this together, you’re ready to file your grievance. Do not show management your documentation; do not let them know you have documentation. Keep it in a safe place at home (make copies and give it to a trusted friend or family member). Hopefully, you won’t have to use it.