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Keep two factual records: an incident log for possible harassment and a separate timeline of assignments, deadlines, requests for help, and hours worked. Specific, contemporaneous notes and preserved records can make it easier to explain what happened when you report a concern. This guide covers U.S. federal guidance; state and local rules, employer type, and federal employee status can affect your options.
What counts as workplace harassment under federal EEO law?
Federal equal employment opportunity (EEO) law addresses harassment connected to protected characteristics. Unpleasant, unfair, or unreasonable treatment is not automatically unlawful harassment under those laws. State and local laws may cover additional conduct. Record what happened rather than trying to decide its legal meaning yourself.
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A demanding workload, by itself, is not established by the sources cited here as unlawful. Keep the workload record distinct from concerns that may involve unpaid hours, discrimination, retaliation, or safety; describe those facts separately if they apply.
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Make a factual note as soon as practical after each incident. EEOC employer guidance describes complaint intake that may cover alleged harassers, affected people, witnesses, dates, locations, and the conduct, and recommends documenting a complaint from intake through investigation and resolution. EEOC employer guidance on harassment
- Date and approximate time: Include the time zone or shift if it helps clarify events.
- Location or channel: For example, an office, meeting, email, chat, or phone call.
- People involved: Identify who was present and who was affected.
- Witnesses: Note who may have seen or heard the incident.
- What happened: Record words or conduct as accurately as you can. Use quotation marks only for wording you remember directly.
- Your response and what followed: Note what you said or did, any later contact, and relevant changes afterward.
Separate direct observations from your interpretation. For example, describe the words used and when they were said; if you believe they were connected to a protected characteristic, note that as your concern rather than presenting it as an established fact.
What should I write down when my boss is harassing me?
Use the same incident details when the person involved is your boss. Also record work-related context that helps explain the event: the assignment or meeting at issue, any relevant instruction, and what happened next. Keep a copy of relevant messages or instructions rather than relying on memory alone. If you are worried about reporting to that person, check the employer’s policy for another reporting route.
How do I document an unreasonable workload?
Keep a separate, chronological workload and hours record. This makes the demands and time involved easier to describe without treating workload volume alone as proof of a legal violation.
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- Expected deadlines, actual completion dates, and changes in priorities.
- Staffing, tools, or other resource constraints that affected the work.
- Requests for clarification, help, or more time, and the responses.
- Hours actually worked, including work outside scheduled hours and missed breaks where relevant.
The U.S. Department of Labor (DOL) says covered employers must keep wage and hour records for covered nonexempt workers and encourages workers to keep their own hour records. It provides a printable hours calendar and FLSA recordkeeping guidance. Record actual time and events; do not assume that any one entry establishes a wage-law violation.
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What evidence should I keep before reporting workplace harassment?
Preserve relevant emails, messages, schedules, policies, and reports in a lawful, secure way. Keep original records unchanged; do not edit or embellish them. Where practical, retain copies with enough context to show dates, participants, and the surrounding conversation. Follow workplace rules and applicable law when handling confidential, personal, or company information.
Keep your own notes securely and separate from source records. The sources cited here do not prescribe one universal format or retention period for an employee’s personal notes. Employer obligations are different: the EEOC says employers generally must retain personnel or employment records for one year, with distinct periods for certain records, and must retain relevant records through final disposition after an EEOC charge is filed. EEOC recordkeeping requirements
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How should I report the concern and keep track of what happens?
Read your employer’s anti-harassment policy and use its reporting channels. EEOC employee guidance says you may tell the person to stop if you feel comfortable doing so, then follow the policy. If no policy is available, you may report to a supervisor, including a different supervisor, or file a charge with the EEOC. EEOC employee guidance: what to do if you believe you have been harassed at work
- Prepare a concise account. Use your incident log to identify the conduct, people involved, dates, witnesses, and relevant records.
- Submit it through an appropriate channel. Follow the employer’s policy if available; otherwise consider a supervisor or another route described in the EEOC guidance.
- Keep the report and response trail. Save what you reported, when and to whom you sent it, and any acknowledgment or follow-up.
- Update your timeline. Record investigation meetings, requests for information, and the outcome or any later relevant events.
Do not assume a workplace investigation will be completely confidential. EEOC employer guidance says privacy should be protected as far as possible while still allowing a thorough and impartial investigation.
What if I fear retaliation or need to contact the EEOC?
Federal anti-retaliation protections cover reporting harassment, participating in an investigation or lawsuit, and opposing discrimination. The EEOC states that charge-filing windows are generally 180 or 300 days, depending on location. Federal employees and applicants follow a different process and deadlines. Because the applicable rules depend on location and employment status, consult the EEOC’s current instructions or a qualified employment professional promptly rather than waiting for an internal process to finish.
Document any later conduct you believe may be retaliatory with the same factual care: what happened, when, who was involved, and any relevant communications or changes. A record helps explain events; it does not by itself establish that a law was violated.
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