Workplace Discrimination & Harassment Claim Checklist

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How to Use This Checklist Core Checklist Often Overlooked Next Steps After Completing the Checklist FAQ What is the difference between discrimination and harassment?Do I have to report internally before filing with the EEOC?Can I be fired for filing a discrimination complaint?How long does an EEOC investigation take?

Key Summary

Use this checklist to organize your workplace discrimination harassment claim and protect your legal rights from day one.

If you believe you are experiencing workplace discrimination or harassment based on a protected characteristic—such as race, sex, age, disability, or religion—this checklist is designed for you. Use it as soon as possible after an incident occurs. Acting early helps preserve evidence, meet strict legal deadlines, and strengthen any future workplace discrimination harassment claim.

How to Use This Checklist

Work through each item in order. Check off completed steps and note relevant dates and details as you go. This checklist covers federal protections under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and comparable state laws. Keep this document private and secure.

Core Checklist

[ ] Identify the type of discrimination or harassment (e.g., race, sex, age, disability, national origin, religion)

[ ] Write a detailed factual account of each incident, including dates, times, locations, and exact words used

[ ] Record the names and roles of all individuals involved—perpetrators, supervisors, and bystanders

[ ] Note whether the conduct was a one-time event or part of a pattern

[ ] Save all relevant emails, texts, voicemails, and written communications

[ ] Preserve any performance reviews, disciplinary notices, or scheduling records related to your situation

[ ] Identify any witnesses who observed the conduct

[ ] Review your employer's anti-discrimination and harassment policies (usually in your employee handbook)

[ ] Report the conduct internally using your employer's official complaint process

[ ] Document the date and method of your internal complaint and who received it

[ ] Note any retaliation following your internal complaint—retaliation is independently prohibited by law

[ ] Obtain a copy of your employment contract, offer letter, and any relevant HR correspondence

[ ] Research the applicable statute of limitations—EEOC charges must typically be filed within 180 or 300 days of the discriminatory act, depending on your state

[ ] File a charge with the Equal Employment Opportunity Commission (EEOC) or your state's equivalent agency before the deadline

[ ] Request and retain your EEOC charge number and any agency correspondence

[ ] Consult an employment attorney—many offer free initial consultations

Often Overlooked

Personal journal entries: A contemporaneous private log with dates and details carries significant evidentiary weight.

Social media and digital records: Screenshots of offensive posts or messages involving coworkers can support your claim.

Medical or counseling records: If the harassment caused emotional distress, related treatment records may document harm.

Comparator evidence: Identify colleagues in similar roles who were treated differently to demonstrate disparate treatment.

State agency deadlines: Some states have shorter filing windows than the federal EEOC—missing a state deadline can limit your remedies.

Next Steps After Completing the Checklist

1.Secure all collected evidence in a location your employer cannot access.
2.Obtain your EEOC Right to Sue letter if you intend to file a federal lawsuit—this is required before proceeding to federal court.
3.Calculate all relevant deadlines and record them clearly.
4.Consult a qualified employment attorney to evaluate the strength of your claim.
5.Continue documenting any new incidents or retaliatory conduct.

What is the difference between discrimination and harassment?

Discrimination typically involves adverse employment actions—such as termination, demotion, or pay reduction—based on a protected characteristic. Harassment involves unwelcome conduct based on a protected trait that creates a hostile work environment.

Do I have to report internally before filing with the EEOC?

Internal reporting is not always legally required before filing an EEOC charge, but it can strengthen your claim and is often required to access certain remedies under employer policies.

Can I be fired for filing a discrimination complaint?

Retaliation against an employee for filing a good-faith complaint is prohibited under federal and most state laws. Document any adverse actions that follow your complaint immediately.

How long does an EEOC investigation take?

EEOC investigations commonly take several months to over a year. You may request a Right to Sue letter after 180 days if the agency has not resolved your charge.

Use ROY's free AI analysis to understand how the law applies to your specific situation.

This article provides general legal information only and does not constitute legal advice for your specific situation. Laws vary by state/territory. Consult a qualified lawyer for advice tailored to your circumstances.

Reference Cases

Related Cases & Similar Precedents

These are fact-based cases and precedents. Click 'View Source' to access official sources.

🇺🇸USAReal PrecedentReference

View Source↗

U.S. Supreme Court1973411 U.S. 792

McDonnell Douglas Corp. v. Green — discrimination burden-shifting

Issue

Framework for proving employment discrimination

The Supreme Court set out the burden-shifting framework: the plaintiff establishes a prima facie case, the employer offers a legitimate reason, and the plaintiff may then show pretext.

※ Leading U.S. precedent — reference only

🇺🇸USAReal PrecedentReference

View Source↗

U.S. Supreme Court1998524 U.S. 742

Burlington Industries, Inc. v. Ellerth — supervisor harassment liability

Issue

Employer liability for a hostile work environment created by a supervisor

The Supreme Court held employers may be liable for a supervisor-created hostile work environment, subject to an affirmative defense where no tangible employment action occurred.

※ Leading U.S. precedent — reference only

These are fact-based cases and precedents. Click 'View Source' to access official sources.

ROY Analysis Data (Estimated)

Outcome Distribution for General Cases

Settled

42%

Upheld

31%

Partial

18%

Dismissed

* These figures are estimates based on ROY AI similar-case analysis. Results may differ for individual cases and do not constitute legal advice or a guarantee of outcome.

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