Should I document disability discrimination?
Yes. It is important to document any incidents, exchanges, or communications that you believe show that you are being discriminated against because of disability. It is a good idea to document disability discrimination even if you are not sure whether you would like to pursue legal action.
Why should I document disability discrimination?
There are several reasons to document disability discrimination, including:
- If you decide not to pursue legal action but want to take some action to address the discrimination, a written record will allow you to review all the incidents to help you brainstorm different ways to approach the situation to prevent future discrimination.
- If you are considering whether to pursue legal action, a written record can be very helpful to the attorney who is assessing and reviewing your case.
- If you decide to pursue legal action, a written record is good evidence of the discrimination that occurred. It can be compelling evidence in court because it was written at the time of the incident, instead of after-the-fact.
I will never forget what happened to me. Should I still document disability discrimination?
Yes. In our experience, it is very difficult for most of us to remember details of an exchange or incident long after it is over. It is also helpful, from a legal perspective, to have notes written at the time of the discrimination.
What should I use to document discrimination?
There is no one-size-fits-all method of documentation. The key is to keep your documentation in one place and use a method that fits easily into your lifestyle.
Here are a few ideas, but use the strategy that would be the simplest for you:
- Journal: Some people like to always keep a hard-copy journal with them for the sole purpose of documenting discrimination.
- Calendar/Planner: Other people always keep a calendar with them, so like to use it to track discrimination too.
- Computer file: Some people like to keep notes in an electronic document. If you do use this strategy, it is best to do this on a personal (non-work) computer.
- Cell/mobile device: Some people like to keep notes on a cell phone or other mobile device, given that it is always with them and easy to access.
What does documenting discrimination actually mean? What do I need to do?
There are three important things to consider when documenting discrimination.
1. Write down any incidents or communications with supervisors or co-workers that you feel show that you are being treated differently, or unfairly, due to your disability.
Be sure to include:
- The time, date, and location where the discrimination occurred.
- The names of all the people who were involved, and their role.
- The names of all people who witnessed or overheard the discrimination, and what you believe those people saw or heard.
- A detailed account of everything that happened. Be as specific as possible.
- If you can remember exactly what a person said, include the statement as a quote.
- Example: John said, “You cannot get special treatment in this department.”
- Otherwise, write down what you heard in your own words.
- Example: John told me I couldn’t get special help on the job.
- If you can remember exactly what a person said, include the statement as a quote.
2. Keep copies of all written documents, including emails, that are important to understand the discrimination.
These documents could include handwritten or typed notes; memos or letters; files; policies and procedures; reports or evaluations; and emails.
- Print important emails sent on your work email, in the event you no longer have access to it.
3. Memorialize important conversations.
If you have an important verbal conversation with your employer, follow up in writing, recapping the content of the communication. An effective way to do this is to send a thank you note.
- Example: Thank you for meeting with me to discuss my request for an accommodation…
- Example: Thank you for your time today to discuss my concerns about… During this conservation, you said that…
For very important communications, request a written response.
- To show proof of receipt, consider sending letters by certified mail.
Should I let my employer know that I am keeping documentation?
No. You should keep this documentation private. Sharing this with your employer will only risk escalating the situation.
Can I record conversations with my employer?
Maybe. Arizona is a one-party consent state. This means that generally, you can record conversations that you participate in.
However, even though it is legal to record conversations with your employer, you might be violating your employer’s recording policy. Employers are allowed to have policies that restrict recordings, which means they can fire you for breaking their policies.
Before you record a conversation with anyone that you work with, you should review your employer’s policies carefully to see if there is a policy that restricts recordings.
Is there anything else I need to know?
A word of caution. Sometimes, when we start to document, it can be easy to try to find discrimination in a communication or exchange where it does not necessarily exist. While it is important to document, it is also important to maintain a positive workplace for ourselves. Try your best to consider exchanges as objectively as possible.
