Why Documenting Workplace Issues Is Critical — and How to Do It (California Law)

California has some of the strongest employee protection laws in the country. However, even under California’s robust legal framework, employees must still prove what happened to them. If you are experiencing discrimination, harassment, or retaliation at work, documenting those events as soon as they occur is one of the most important steps you can take to protect your rights.
Under California law, lack of documentation can severely weaken—or completely destroy—an otherwise valid claim.

California’s Fair Employment and Housing Act (FEHA) Requires Proof

Most workplace discrimination, harassment, and retaliation claims in California are governed by the Fair Employment and Housing Act (FEHA). FEHA protects employees from unlawful treatment based on protected characteristics such as sex, gender, pregnancy, race, disability, age, religion, sexual orientation, and more.

While FEHA is employee-friendly, it still requires employees to prove that discriminatory, harassing, or retaliatory conduct occurred, that the employer knew or should have known about it, and that the conduct was ongoing or connected to protected activity. Documentation is often the strongest evidence available to meet these requirements.

If It’s Not Documented, Employers Will Argue It Didn’t Happen

In California employment litigation, employers routinely defend cases by denying the conduct occurred, minimizing it as trivial or isolated, or claiming management had no knowledge of the issue. When there is no written documentation—such as emails, notes, or formal complaints—cases often devolve into a “he said, she said” dispute.

Courts, arbitrators, and juries place significant weight on contemporaneous records—documents created at or near the time of the misconduct. Without them, employers frequently prevail.

California Law Often Requires Proof of Continuing Conduct

Many FEHA claims—particularly hostile work environment harassment and retaliation—require proof that the conduct was severe or pervasive, or part of a continuing pattern. Isolated incidents are rarely enough unless they are extremely serious.

To succeed, employees often must show repeated misconduct over time or escalating retaliation after reporting concerns. Documentation is what transforms individual incidents into a legally recognizable pattern under California law.

Documentation Is Critical for Statute of Limitations Purposes

California employees generally must file an administrative complaint with the California Civil Rights Department (CRD) within three years of the unlawful conduct. Many cases rely on the continuing violation doctrine, which allows older conduct to be considered if it is part of an ongoing pattern.
Without documentation showing dates, frequency, and continuity of treatment, employees risk losing claims—or having them dismissed entirely.

What You Should Document

If you are experiencing discrimination, harassment, or retaliation, you should document each incident as it happens. Your documentation should capture the date, what occurred, who was involved, and how it affected your work or well-being. Even conduct that seems minor at the time can become legally significant when viewed as part of a pattern.
Documentation can be kept in a private journal, your phone’s notes app, emails sent to your personal email address, or saved text messages and screenshots. For more serious issues, submitting a written complaint to HR or management describing what happened and why you believe it is discriminatory or retaliatory is strongly recommended.

Avoid using company devices or company email for private documentation unless advised by an attorney.

Internal Complaints Create Powerful Evidence Under FEHA

California law protects employees who oppose discrimination or harassment or participate in investigations. Submitting a written complaint helps establish employer knowledge and confirms the timing of your protected activity—both of which are critical if retaliation follows.

Even when HR fails to act appropriately, the complaint itself may later serve as key evidence in your case.

Template: Written Complaint to HR or Management (THANK US LATER!)

Submitting a written complaint is one of the most effective ways to protect yourself under California law. Below is a general template you may us, though you will want to specifically adjust it to your situation and consult with an attorney. Keep a copy for your records.

Subject: Formal Complaint of Discrimination / Harassment / Retaliation

Dear [HR Representative or Manager],

I am make a formal report of conduct that I believe constitutes
discrimination, harassment, and/or retaliation in violation of California law
and company policy.

On or about [date], the following occurred:
[Describe what happened, including who was involved and what was said or done.]

I believe this conduct is discriminatory and/or retaliatory based on my
[protected characteristic and/or protected activity].

This conduct has affected my work and well-being, and I respectfully request that the
company investigate and take appropriate corrective action.

Please confirm receipt of this complaint.

Sincerely,
[Your Name]

Using clear language such as “discrimination,” “harassment,” and “retaliation” helps ensure your complaint qualifies as protected activity under FEHA. If the conduct is by a direct supervisor you can request that you are transferred to a different supervisor until the investigation is completed.

Retaliation Is One of the Most Common Claims in California

Many employment cases succeed not only because discrimination occurred, but because the employer retaliated after the employee spoke up. Retaliation can include negative performance reviews, discipline, demotion, reduced hours, hostile treatment, or termination.

Documenting how you were treated before and after raising concerns is often essential to proving retaliation.

The Bottom Line: Documentation Protects Your Rights

California law offers strong employee protections, but those protections are only as effective as the evidence supporting them. Without documentation, employers will deny wrongdoing, patterns will be harder to prove, and valid claims may fail.

Speak With a California Employment Lawyer Early

If you believe your workplace rights have been violated, do not wait until the situation escalates. Early legal guidance can help you preserve evidence, avoid costly mistakes, and strengthen your case.
If this sounds familiar, email me directly at emilia@antonyanmiranda.com.

The initial consultation is always free.

Early documentation can be the difference between having a case—and having no case at all.

The information contained in this article is provided for general informational purposes only and is not intended to constitute legal advice. Reading this article does not create an attorney-client relationship. Every employment situation is unique, and the application of the law depends on specific facts and circumstances. You should consult with a qualified California employment attorney regarding your individual situation before taking action.