Common Types of Evidence

Every so often, I like to reprint this list that details some of the common types of evidence that employees can use to help prove a case of discrimination, harassment or retaliation.

Depending on where you work, the type of evidence you can gather may vary. There may be specific pieces of evidence that are particular to your field. When you are gathering evidence, you should consider what field/industry specific evidence you may need at a later time. Below is a starting point of items to consider when you are developing your evidence of harassment, bullying, intimidation, and discriminatory or retaliatory actions.

 Emails

 Memos and Other Documentation (reports, charts, etc.)

 Handwritten notes

 Voice Mail Messages (transcribe, save, and tape record)

 Documentation of Face-to-Face Meetings (You should write down what was said at any face-to-face meetings. Following the meeting, send an email to the person or people you met with in order to get the content of the meeting in writing. For instance, “We just met to discuss [insert the purpose of meeting] and you said that I was deficient in…”)

 Tape Recordings of Meetings or Conversations

 Witness Support/Evidence (notarized statements, corroborating testimony,
etc.)

 Copies Of Performance Reviews

 Any Personal Logs of Events/Incidents

 Human Resources Records (your personnel file, timesheets, etc.)

 Corporate Personnel Manual On Policies And Practices

 Corporate Performance Review Guidelines

 Departmental Information (specific procedures, contracts, etc.)

 Organizational Charts and Records (corporate and/or department level)

 Federal Laws and Regulations Regarding Workplace Conduct (your company’s anti-harassment policies, anti-discrimination policies, etc.)

Again, this is only a starting point. Depending on your circumstances, there may be many other documents (administrative forms, financial reports, other employee timesheets, electronic files, etc.) that you would want to get your hands on in order to prove your case.