Why is documentation so important in a harassment or discrimination case?
Good documentation showing the steps taken by an employer to investigate and, if necessary, to remediate a discrimination or harassment complaint is critical if the employer is ever required to defend a retaliation claim. In defending a retaliation claim, the employer will be required to show that it conducted a prompt and thorough investigation of any complaint made by an employee. Documentation is also important to allow an employer to later show the basis of adverse employment actions that it takes. For example, if an employee is terminated for performance reasons, the employer’s file should reflect the employee’s performance deficiencies and any steps taken by the employer to remedy those issues. In some cases, good documentation can mean the difference between getting out of a case early or even preventing a lawsuit in the first place and having to defend an action through trial. In that way, a well-documented employment file reduces the employer’s risk associated with harassment,
