3 Key Takeaways
- Report the behavior to Human Resources (HR) right away and put your complaint in writing.
- Document every incident with as much detail as possible, dates, locations, witnesses, and what was said or done.
- Use clear, accurate language when you report. Say “sexual harassment” or “racial discrimination,” not vague terms like “personality conflict.”
What to do if you’re facing harassment or discrimination at work
If something at work feels wrong because a colleague’s comments make you uncomfortable, or you’re being treated differently because of your race, gender, disability, or another protected characteristic — you don’t have to just push through it. Knowing the right steps to take early on can make a real difference in protecting yourself and your rights. Here’s what you should know.
Report the behavior right away
The first thing you should do is report what’s happening to your Human Resources (HR) department. Your employer isn’t expected to know about every incident unless someone tells them, and under the law, reporting is something employees are expected to do. The sooner you make a formal complaint, the sooner there’s an official record of what’s been happening.
It’s also important to know that there are time limits on when you can file a complaint. Under federal law, most employees must file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) within 180 to 300 days of the most recent incident. Don’t wait.
Document everything you can
You’re not legally required to keep a personal log of every incident, but any good employment attorney will tell you: document as much as you can, as soon as you can. If the harassment is ongoing, keep a record, even something as simple as an email to yourself, noting:
- What happened and what was said or done
- The date and time it occurred
- Where you were and who else was present
- What you and the other person were wearing
- Any other details you can recall
The more specific your notes, the stronger your account. Harassers almost never act in front of witnesses, which means your detailed, contemporaneous record can be one of the most important pieces of evidence in your favor.
Use the right words when you report
This one matters more than most people realize. When you go to HR, be specific about what kind of conduct you’re describing. You don’t need to cite legal statutes — you just need to be clear.
There’s a big difference between saying “we have a personality conflict” and saying “he makes comments about my body and I don’t find it appropriate.” The first leaves the door open for HR to treat it as a minor workplace squabble. The second makes clear that you’re describing sexual harassment. HR representatives are trained to listen, sometimes without taking notes, so that they can later claim their recollection was unclear. Using precise language protects you against that.
Make your complaint in writing
Whenever you report to HR, follow up in writing. Use your company’s email system to document that you made a complaint. After any in-person meeting, send a brief thank-you note that recaps what you discussed and what you asked HR to look into. This creates a paper trail that’s hard to dispute later.
Understand what “continuous violation” means
If the harassment has been happening repeatedly over time, even if incidents are spread out, there’s a legal argument that may apply to you called a continuous violation. Under this doctrine, you may not need to have filed a complaint after every individual incident. If the behavior is similar in nature and has occurred with some regularity throughout your employment, the law may allow your claim to reach back to when the conduct first started.
This applies to sexual harassment, racial harassment, and harassment based on disability, among other protected categories. Even if you’re only now reaching your breaking point, your rights may extend further back than you think.
You don’t have to navigate this alone
There’s a lot you can do on your own: keep a log, go to HR, document your complaints in writing. But for the best outcome, having an attorney in your corner from the beginning makes a real difference. A lawyer can help you document things properly, make sure you’re using the right language, and guide you through each step of the process.
If you believe you’re experiencing workplace discrimination or harassment and aren’t sure what your options are, reach out to our team at VKV. We’re here to help you understand your rights, and to fight for them.









