How to document workplace harassment in the US: records, reporting and the EEOC

If you are being harassed at work, writing things down can feel like one more hard job. But a clear, dated record makes it much easier to explain what happened to HR, a government agency or an attorney.

This guide explains what workplace harassment means under US federal law, how to keep a record, how to report it, and how the Equal Employment Opportunity Commission (EEOC) charge process works. It is general information, not legal advice. If you work in Australia, see our Australian guide.

What workplace harassment means under US federal law

The EEOC describes harassment as unwelcome conduct based on race, colour, religion, sex (including sexual orientation, transgender status or pregnancy), national origin, older age (from 40), disability or genetic information. These are called protected characteristics.

Under the federal laws the EEOC enforces, harassment becomes unlawful when:

• putting up with it becomes a condition of keeping your job, or
• it is severe or pervasive enough to create a work environment a reasonable person would find intimidating, hostile or abusive.

The EEOC says petty slights, annoyances and isolated incidents, unless extremely serious, will not rise to the level of illegality. The person behaving badly can be a supervisor, a co-worker, or someone who is not an employee, such as a customer or contractor.

Because the federal definition is tied to protected characteristics, general bullying unrelated to them may not be covered federally. Federal laws also only apply to employers with a certain number of employees, according to the EEOC. Some states go further. California’s Civil Rights Department, for example, says harassment is prohibited in all workplaces, even those with fewer than five employees, and it lists extra protected characteristics such as marital status and military or veteran status.

How to keep a record of workplace harassment

A good record is simple, consistent and written as close to the time as you can manage. For each incident, note:

• The date and time, and where it happened (an office, a site, a video call, a group chat).
• Who was involved, using names and job titles.
• What was said or done, in the exact words where you remember them. Quotes are more useful than summaries.
• Any witnesses, even if you are not sure they will help.
• How it affected your work, such as a changed roster, missed opportunities or time off.
• What you did next, such as telling a manager.

Stick to facts. “They called me a slur in front of two colleagues at 10:15am” is clearer than “they were awful to me again”.

Keep your log private and off work devices

Your employer may be able to see, or take back, work laptops, phones and accounts. Keep your log on a personal device or in a notebook at home, and email copies to a personal address so each entry is dated. Check your employer’s policies before copying work documents, and ask an attorney if you are unsure.

Saving texts, emails and chat messages

Written messages are often the clearest part of a record, because the words are already there. To keep them useful:

• Save whole conversations, not only the worst message. The messages around it show context.
• Take screenshots that show the sender, the date and the time. Then also keep a full export of the thread if your phone, email or chat app can produce one.
• Never edit, crop or delete anything, even your own replies.
• Back up copies to a personal account, in case a phone is lost or a work account is closed.

Our guide to text messages as evidence in US courts explains why full, unedited threads matter.

How to report harassment at work

Start with your employer’s harassment policy, often in the employee handbook. It should explain who to report to, such as HR or a manager, and what happens next.

The EEOC encourages employees to tell the harasser directly that the conduct is unwelcome and must stop, if they feel able to, and to report harassment to management early, before it escalates. It also explains that, in some cases of supervisor harassment, an employer can avoid liability by showing it tried to prevent and promptly correct the behaviour and the employee unreasonably failed to use its complaint options. That is one reason to know your employer’s process.

Why a written report helps

If you report in person, follow up with a short email summing up what you said, when, and to whom. That gives you a dated copy to point back to. Keep it factual, save a copy in your personal records, and note any reply.

Filing a charge with the EEOC

If reporting at work does not fix the problem, or you do not feel safe doing it, you can contact the EEOC. Check the details for your situation on eeoc.gov.

Time limits

According to the EEOC’s page on time limits for filing a charge:

• You generally need to file within 180 calendar days of the discrimination. This is extended to 300 calendar days if a state or local agency enforces a law that prohibits the same kind of discrimination. Age claims have slightly different rules.
• Weekends and holidays count.
• The EEOC explains that for ongoing harassment, the 180 or 300 days generally run from the last incident, and the EEOC will look at all the incidents when it investigates.
• Using your employer’s internal grievance process generally does not pause the deadline.
• Federal employees and job applicants have a different process and generally must contact their agency’s EEO Counselor within 45 days.

How to start

The EEOC’s page on how to file a charge says the first step is usually to submit an inquiry through its online Public Portal, then have an interview by phone, video or in person. You can also visit an EEOC office, or call 1-800-669-4000 to get started, though charges are not taken over the phone. If your deadline is close, the EEOC asks you to call and request an immediate interview. Having your record ready will help.

Protection from retaliation

The EEOC explains that the laws it enforces prohibit punishing employees for asserting their rights. Protected activity includes talking to a supervisor or manager about harassment, answering questions during an employer investigation, and filing or being a witness in a charge.

Depending on the facts, retaliation can look like an unfairly low performance review, a transfer to a less desirable role, increased scrutiny, or verbal or physical abuse. If this happens after you speak up, record it the same way and raise it with the EEOC, your state agency or an attorney promptly.

State and local agencies

Many states and some cities have their own fair employment agencies. The EEOC calls them Fair Employment Practices Agencies (FEPAs). Under worksharing agreements, a charge can be dual-filed with both the EEOC and the FEPA, so you generally need to file with only one of them.

State laws can cover more workers or allow more time. In California, for example, the Civil Rights Department says a complaint generally must be filed within three years. Your state’s civil rights or human rights agency, or the EEOC, can tell you which agency covers your area.

When messages come from a former colleague or a customer

Harassment does not always stop at the office door. A former colleague may keep texting, or a customer may send hostile emails.

• Customers and other non-employees: the EEOC says an employer can be responsible for harassment by non-employees if it knew, or should have known, and did not act promptly and appropriately. Tell your employer in writing and keep copies.
• Former colleagues: your employer may have less control once someone has left, but if the contact is linked to work, tell HR in writing. Keep every message and avoid replying in anger.
• Asking them to stop: some people send a formal letter. Our guide to cease and desist letters for harassment explains how they work and when to involve an attorney.

If you feel unsafe

OSHA describes workplace violence as any act or threat of physical violence, harassment, intimidation or other threatening behaviour at the work site, from threats and verbal abuse to physical assault. If you receive threats, tell your employer straight away and ask about its workplace violence policy. If threats continue outside work, the police or an attorney can explain protection options where you live.

How FenceChat can help when contact must continue

Sometimes you cannot simply block someone, such as a customer you still serve. FenceChat gives you a FenceChat email address and, on our SMS plans, a FenceChat number to share instead of your own. Messages are relayed through FenceChat and filtered before they reach you, so the practical details come through and the hostile language is filtered out.

The untouched original of every message is kept in your Archive with its date and time, so nothing is lost or edited. The first time someone messages your FenceChat address or number, they receive a one-time notice that their messages are processed by AI. Check your employer’s policies before using any outside service for work contact.