The most valuable form of evidence in any harassment or discrimination case is a contemporaneous written record — notes made at or near the time of each incident, recording what was said or done, by whom, when, where, and who witnessed it. A dated journal entry, a note saved in a personal email account, or a message sent to a trusted friend describing the incident on the day it occurred can all serve as powerful corroborating evidence.

For each incident, record: the date, time, and location; the exact words used or the specific conduct that occurred; the name of the person responsible; the names of any witnesses present; and any immediate response by the employee.

Example: An employee at a Los Gatos company is harassed by her supervisor over a period of months. She never writes anything down. When she finally consults an attorney, she cannot recall the exact dates, the specific words used, or the names of coworkers who were present. Her supervisor's attorney produces glowing performance reviews and no record of any complaint. The case is significantly weakened by the absence of contemporaneous documentation that could have been easily created at the time.

Harassment and discrimination frequently leave a documentary trail. Text messages, emails, Slack messages, and other electronic communications are among the most valuable categories of evidence in employment litigation. Preserve those communications immediately — before they are deleted or the device is reset. Screenshots saved to a personal device or personal email account provide an independent copy that the employee controls after termination.

California employees should be aware that recording conversations with a supervisor or coworker without the other party's consent may violate Penal Code section 632, which requires the consent of all parties to a confidential communication. Consult an employment attorney before recording any workplace conversation.

Reporting harassment or discrimination to HR or a supervisor serves two functions: it puts the employer on notice of the conduct (which is legally significant for the employer's liability exposure), and the report itself creates a documented record of when the employee complained and to whom.

Make harassment complaints in writing whenever possible — by email rather than in person, or by following up an in-person conversation with a written summary. The complaint should describe the conduct with specificity, identify dates and witnesses, and state clearly that the employee is reporting it as harassment or discrimination. Retain a copy in a location outside the employer's control.

If the employer fails to respond, responds inadequately, or retaliates following the complaint, those facts are themselves legally significant and should be documented in the same manner.

Witnesses who observed the conduct or are aware of a pattern of behavior by the same individual can provide corroborating testimony. Identify coworkers who witnessed the conduct and preserve their contact information outside of workplace systems — employee directories are often inaccessible after termination or during a dispute.

California Labor Code section 1198.5 entitles employees and former employees to inspect and receive a copy of their personnel records — including performance evaluations, disciplinary notices, and documents relating to any adverse employment action — within 30 days of a written request. Request your personnel file early, before any adverse action is taken. It frequently contains information directly relevant to a harassment or discrimination claim: a history of prior complaints about the same individual, performance reviews that contradict the employer's stated basis for an adverse action, or documentation of the employee's positive standing prior to the complaint.