You know something at work is not right, but you are not sure how to prove it. Maybe a supervisor keeps making comments about your age, pregnancy, race, or health. Maybe your schedule changed right after you complained, or a once positive performance review suddenly turned negative. You feel targeted, but you worry that without a smoking gun email, no one will believe you.
In this situation, many New York employees feel stuck. You still need your paycheck, you do not want to make things worse, and you may already be exhausted from what is happening every day. At the same time, you sense that if you do not start keeping track now, important details will fade and your employer could rewrite the story. You are looking for concrete guidance on how to document workplace discrimination in a way that is practical and safe.
At Schwartz Perry & Heller LLP, we have spent decades representing employees across New York City and New York State in discrimination, harassment, and retaliation cases. With over 100 years of collective experience, we have seen how strong documentation can help protect employees and how gaps in the record can make cases harder. In this guide, we will walk you through how to build a clear, organized record of what is happening at work so that you have real evidence, not just memories, if you choose to assert your rights.
Why Documentation Matters In New York Discrimination Cases
New York discrimination and harassment cases usually turn on evidence and credibility. What feels deeply unfair to you may not be obvious to someone reviewing your case months or years later. Judges, juries, and agency investigators look for specific facts, dates, documents, and patterns over time. When your experiences are only in your head, or scattered across a few emails, it becomes easier for an employer to deny or downplay what really happened.
Under laws like the New York State Human Rights Law, the New York City Human Rights Law, and federal statutes that the Equal Employment Opportunity Commission enforces, you generally need to show more than one offhand comment. Decision makers look for patterns tied to protected characteristics, such as race, sex, pregnancy, disability, religion, age, or sexual orientation, or tied to protected activities, such as reporting discrimination. Detailed documentation makes it possible to show that pattern instead of relying on a vague description like “they were always making comments.”
In New York cases, documentation often makes a difference in how agencies like the New York State Division of Human Rights or the NYC Commission on Human Rights evaluate a claim. They review your charge, your supporting documents, and the employer’s response. When your record clearly shows what happened, when it happened, and how the employer responded, it is harder for the company to claim that nothing serious occurred or that you never complained. Thorough records also help us test the employer’s explanations and identify inconsistencies that can support your case.
Another reason to start documenting now is timing. New York and federal laws have filing deadlines that can be as short as a few years, and sometimes less, depending on where you file and what claims you bring. We are not going to list every possible deadline here, but you should know that waiting can limit your options. You cannot change what has already happened, but you can start capturing the details accurately from this point forward so that if you decide to file with an agency or in court, you are not relying solely on memory.
At Schwartz Perry & Heller LLP, we have handled substantial and groundbreaking employment cases in New York, and clear, contemporaneous documentation has often played a key role. When a jury or judge can see exactly how events unfolded, in your own words at the time they happened, it becomes much easier to understand your experience and evaluate the employer’s defenses.
Start A Detailed Incident Log Right Away
One of the most powerful tools you can create for yourself is a detailed incident log. This is a running record of each discriminatory, harassing, or retaliatory event you experience. It should be kept on a personal device or in a personal notebook, not on your work computer or in a work notebook that your employer could access. Think of it as your private timeline of what is really happening behind the scenes at your job.
Each entry in your incident log should answer a few basic questions. Write down the date, time, and location. Identify who was involved and who witnessed it. Capture what was said or done as close to word for word as you can. Note how you responded, how the other person reacted, and how the incident affected you, such as embarrassment, fear, or interference with your work. If the incident connects to an email, text, or document, note that as well so you can match the entry to supporting materials later.
Specificity matters. Consider the difference between a vague entry and a strong one. A weak entry might say, “My boss was rude again today about my pregnancy.” A much stronger entry would be: “March 5, 2026, around 3:15 p.m., in my manager’s office. My supervisor, John Smith, said, ‘Now that you are pregnant, I cannot count on you to stay late, so I am giving the Johnson project to Mark instead.’ No one else was in the room. I said I was able to handle the project, and he replied, ‘We need someone fully committed.’ I felt shocked and sidelined, and this is the first time I have been removed from a major project.”
Over time, your incident log should help you track patterns, not just isolated moments. You might notice that comments about your age always occur when raises are discussed, or that scheduling changes began right after you requested an accommodation for a medical condition. If you have already made a complaint, your log can capture what happens afterward, such as new write ups, exclusion from meetings, or changed duties, which can be important for a retaliation claim. You can also use the log to note whether the behavior gets worse or improves after HR becomes involved.
We understand that writing this all down while you are still going to work every day can feel draining. In our many years of advocating for employees in New York, we have seen how hard it is to relive these moments on paper. At the same time, we have also seen how a clear, contemporaneous incident log can help clarify the story, support your credibility, and counter an employer’s claim that you are exaggerating or misremembering events.
Save Emails, Texts, & Digital Messages Carefully
In modern workplaces, a significant portion of discrimination and retaliation leaves a digital trail. Emails, messaging apps, and HR portals often contain key pieces of your story. Preserving this digital evidence can be extremely helpful, but you need to do it carefully so you do not create new problems for yourself or risk accusations of misconduct.
Start by identifying the types of digital communications that relate to what you are documenting. These may include emails with your supervisor about schedule changes or assignments, messages on platforms like Teams or Slack, performance reviews in online systems, HR reports or complaint forms, and company policies posted on internal sites. Text messages with coworkers or supervisors, including group texts, can also be meaningful if they contain offensive comments or show how you were treated differently.
Once you know what is relevant, think about how to preserve it lawfully. In some workplaces, it is acceptable to forward non confidential emails to your personal email account so you have a copy. In other situations, taking screenshots or printing out certain pages at home can be safer. What you must avoid is accessing files or systems you are not authorized to view or taking proprietary or client confidential information. For example, pulling customer lists or internal trade secret materials to build your case can expose you to discipline or legal claims that complicate your situation.
Remember that anything kept on a work computer, work phone, or work email is generally under your employer’s control. Many companies have policies that allow them to access and monitor those systems. That is why your incident log should live off company devices, and why you should be cautious about using work email for personal notes about your situation. If you have already written detailed emails to friends or family from your work account, consider making a secure copy for yourself, then avoid creating more personal commentary at work.
As you collect digital records, organize them in a way that will be easy to understand later. You might create folders on your personal device labeled by category, such as “Incidents,” “Complaints to HR,” “Performance,” and “Comparisons.” Within each folder, use file names that include the date and a brief description, such as “2026-03-05-Project-Removed-Pregnancy-Email.pdf.” This will help you match each document to entries in your incident log and will make it much easier for an attorney to review your materials.
Because we have seen employers in New York challenge how employees obtained certain documents, at Schwartz Perry & Heller LLP we emphasize safe, lawful preservation. During a consultation, we can talk through what you already have, whether any of it poses risks, and how to continue preserving evidence in a way that strengthens, rather than jeopardizes, your potential claims.
Document Your Complaints To HR & Management
Internal complaints to HR or management often play an important role in discrimination and retaliation cases. They show that you told the company about the problem and gave them a chance to address it. They can also mark the beginning of a retaliation pattern if negative treatment follows the complaint. To help your case, you need to document what you reported and how the company responded, rather than relying entirely on HR’s notes.
Whenever possible, make complaints in writing or follow up a verbal complaint with an email that summarizes what you said. A written record makes it harder for someone later to claim that you only mentioned “personality conflicts” or general unfairness. In your written complaint, describe what happened, connect it to a protected characteristic or protected activity, and state that you are concerned about discrimination, harassment, or retaliation. For example, “I am writing to report what I believe is pregnancy discrimination” is much clearer than “I feel I am being treated unfairly.”
Effective complaint language is factual and specific. Instead of writing, “My boss is hostile,” you might write, “Since I informed my supervisor on February 1 that I am pregnant, he has removed me from two major projects, commented that I will be ‘too distracted’ once the baby arrives, and told coworkers he needs someone more committed. I believe these actions and comments are based on my pregnancy.” This type of detail gives HR something concrete to investigate and creates a record that you identified the issue as discrimination at the time.
When you meet with HR or management in person or by phone, use your incident log to help you remember dates and examples. After the meeting, create a new log entry describing who was present, what each person said, and any commitments they made, such as promising to investigate or follow up. If you feel comfortable, send a brief email to HR or your manager saying something like, “Thank you for meeting with me today to discuss my concerns about age discrimination. As we discussed, I raised the following incidents…” and list them. This memorializes the conversation and reduces the chance of later disagreement about what was said.
These records become especially important if retaliation occurs, such as sudden write ups, schedule changes, or termination shortly after your complaint. Documenting both the complaint and what happens in the days and weeks afterward helps show a connection between your protected activity and the adverse actions. In our practice, we often see employers argue that an employee never really complained about discrimination or that negative actions were already in progress. Clear written complaints and follow up notes give us a solid foundation to test those claims.
Because we have been focused on employment law in New York for so many years, our attorneys at Schwartz Perry & Heller LLP regularly review HR files and internal complaint records in litigation. We understand how these documents are interpreted later and what kinds of complaint language tend to be clearest to investigators, judges, and juries. That experience shapes how we advise clients to frame their concerns while still using their own words.
Collect Performance & Comparison Evidence
When employers defend discrimination cases, they often claim that adverse actions were based solely on performance, not on a protected characteristic or your complaint. That is why your documentation cannot focus only on offensive comments or events. It should also capture your performance history and how coworkers in similar roles are treated. This type of comparison evidence can be very persuasive in New York discrimination cases.
Start by gathering records that show your work history before problems began. These may include positive performance reviews, merit increases, bonus letters, awards, emails praising your work, or metrics showing strong results. If your performance evaluations were consistently positive until shortly after you disclosed a pregnancy, requested medical leave, or complained about harassment, that shift can be significant. Include these documents in your files and cross reference them in your timeline.
Next, pay attention to how similarly situated coworkers are treated. “Similarly situated” usually means people who have comparable roles, responsibilities, and levels of experience. For example, if you and a younger coworker both arrive late sometimes, but only you receive write ups, that difference may matter. If you are denied training, promotions, or schedule flexibility that others in similar positions receive, note the details in your incident log and, where possible, save records that reflect these differences, such as group emails about opportunities or posted schedules.
Concrete examples are useful. If two employees make the same mistake, and only the employee who just returned from disability leave is put on a performance plan, that is the type of scenario to document carefully. Write down dates, who was involved, what policies were cited, and what consequences each person faced. If HR or management gives different explanations for why one person was treated more harshly, add that to your log as well.
As you collect this comparison evidence, connect it back to the rest of your documentation. You might note in your log, “On April 10, 2026, I was denied a work from home day because ‘we need everyone in the office on Fridays.’ On May 1, 2026, my coworker with the same role, who is not pregnant, was granted work from home Fridays, as shown in the attached email from our manager.” Over time, these specific comparisons help build a clear picture of how your protected status or complaint may have influenced decisions.
In many New York cases we have handled, this kind of comparison evidence has been important when employers insisted that they were simply enforcing neutral rules. When we can point to records that show those rules applied one way to our client and another way to coworkers outside the protected group, it strengthens our ability to challenge the employer’s story.
Be Careful With Recordings & Confidential Information
When people feel that no one is listening or that HR is not taking them seriously, they sometimes think, “I will just record my boss and that will solve everything.” In New York, one party consent laws generally allow a person to record a conversation they are part of without telling the other person. However, that is only part of the picture. Employer policies, practical risks, and how recordings are viewed later all matter, so you should be cautious before relying on recordings as your main form of documentation.
Even if a recording is legal under New York law, your employer may have rules against recording in the workplace. Violating those policies could lead to discipline or termination. Recordings can also affect relationships at work. If it becomes known that you recorded colleagues or managers, it may change how coworkers interact with you, which can be stressful and may complicate your situation. In some cases, recordings can help, but they should be used thoughtfully, not as a first instinct.
Before you decide to record conversations, it is wise to talk with an employment attorney who regularly handles discrimination and retaliation cases in New York. An attorney can help you weigh whether recordings are likely to help or hurt in your specific circumstances. Often, detailed written notes made soon after a conversation, combined with emails or texts that mention the same issues, can be nearly as strong and carry fewer risks than secret recordings.
Confidential company information presents another area where good intentions can backfire. Employees sometimes try to copy large amounts of internal documents, including trade secrets, client data, or confidential financial information, thinking it will help prove discrimination. Employers may respond by accusing the employee of theft or policy violations, which can complicate the legal issues and distract from the discrimination claims. Focus on preserving documents you are legitimately given in the course of your job, such as your own reviews, emails you receive, and policies available to staff, rather than reaching into restricted areas.
Safer alternatives include writing thorough incident notes, saving non confidential documents that support your experiences, and keeping track of who said what and when. At Schwartz Perry & Heller LLP, we counsel clients on these issues regularly because we have seen employers try to turn the focus away from discrimination and toward how an employee gathered evidence. Our goal is to help you document what is happening in a way that supports your case without exposing you to unnecessary risk.
Organize Your Evidence For A Legal Consultation
Once you have started an incident log, saved relevant digital records, documented your complaints, and gathered performance and comparison evidence, the next step is to pull everything into a form that you and an attorney can review efficiently. You do not need a perfect system, but some basic organization will make it easier to see the full picture and to identify what additional steps might help.
A simple timeline is a good place to start. Use a document where you list key events in chronological order, starting with significant background points like your hire date and early performance reviews, then moving through incidents, complaints, and changes at work. For each entry, include the date, a short description, and a reference to where supporting documents are stored, such as “see incident log entry 5” or “email dated 2026-03-05.” This timeline becomes the backbone of your story.
Next, group your documents into categories that align with the main issues in your case. For example, you might create folders labeled “Incident Evidence,” “Internal Complaints,” “Performance History,” and “Comparative Treatment.” Within these, use consistent file names that include dates, such as “2026-02-01-Performance-Review.pdf” or “2026-04-10-Complaint-to-HR-Email.eml.” This way, when you or your attorney go back to a particular event in the timeline, you can quickly find the related documents.
When you schedule a consultation with an employment law firm, do not worry if your documentation feels incomplete. Attorneys know that most people start documenting after things have already been going on for some time. Bring what you have, be honest about what you did not write down at the time, and be prepared to walk through your timeline. A lawyer can help identify patterns you might not have noticed and can suggest what additional information to track moving forward.
Because our firm has reviewed documentation from many New York employees over the years, we can usually spot quickly which parts of a case are well supported and where more information will help. At Schwartz Perry & Heller LLP, we work with clients to turn their collection of notes, emails, and records into a coherent narrative that can be presented to agencies, in negotiations, or in court. Your efforts to document carefully and organize your evidence make that process more effective and can give you more control over how your story is told.
Take Control Of Your Story & Learn About Your Options
You cannot undo the comments, decisions, or treatment you have already experienced, but you can decide how clearly those events are documented from today forward. A detailed incident log, preserved digital messages, written complaints, and performance and comparison records together create a fuller, more accurate picture of what has happened at work. They also give you something concrete to rely on in a process that can otherwise feel very uncertain and draining.
Every workplace and every case is different, which is why personalized legal guidance matters. If you are facing discrimination, harassment, or retaliation in New York and are trying to figure out how to protect yourself, we invite you to reach out to Schwartz Perry & Heller LLP. We can review your documentation, help you understand your rights under New York and federal law, and discuss possible next steps in a confidential setting. Call (646) 490-0221 today.