Document the conduct itself
Describe what was said, shown, sent or done. When physical contact, threats, messages, images or repeated comments are involved, record the concrete details rather than relying only on a label such as harassment.
The EEOC explains that federal harassment law concerns unwelcome conduct tied to protected characteristics and that not every offensive workplace event is necessarily unlawful harassment.
- Exact words or actions when remembered
- Date, approximate time and location
- Who participated and who witnessed the conduct
- Whether the conduct had occurred before
- Messages, photographs, recordings or documents connected to the event
Preserve employer notice and response
If the conduct is reported, document who received the complaint, when notice occurred, what was communicated and what response followed.
Later events may matter too, including investigation steps, schedule or assignment changes, additional contact, corrective action or continued conduct.
Keep witness information independent
A witness should not be treated as corroborating an allegation merely because the person was present. Record what the witness may have observed and preserve any independent statement separately.
Multiple independent accounts can be important, but frequency of mentions alone is not proof.
Do not force the legal label
Workers should be able to document conduct before knowing whether it meets a legal definition. The record can preserve the facts while an attorney, agency or other qualified reviewer evaluates the applicable law.
This is especially important because legal standards depend on the facts, jurisdiction and type of claim.