Documenting Harassment: Building a Strong Case Against Your Employer

Workplace harassment can be subtle or overt, but it’s always harmful. Whether it’s verbal abuse, unwanted advances, intimidation, or retaliation, Washington State law protects employees from harassment and gives them the right to take legal action.

If you’re experiencing harassment at work, the most powerful tool you have is documentation. Properly documenting incidents can help you build a strong case, protect your rights, and hold your employer accountable.

What Counts as Workplace Harassment?

Harassment includes any unwelcome behavior based on protected characteristics such as:

• Race, gender, age, religion, disability, sexual orientation, or national origin
• Sexual harassment (including verbal, physical, or visual conduct)
• Retaliation for reporting misconduct or asserting your rights 

Washington’s Silenced No More Act also protects workers from being silenced by NDAs that prevent them from speaking out about harassment, discrimination, or retaliation.

Why Documentation Matters

To pursue a harassment claim, you’ll need evidence. Documentation helps:

• Establish a pattern of behavior
• Support your credibility
• Protect against retaliation
• Strengthen your case in court or during settlement negotiations

Without documentation, it’s your word against your employer’s.

How to Document Harassment Effectively

1. Keep a Harassment Log

Document each incident with:

• Date and time
• Location
• Description of what happened
• Names of witnesses
• How it made you feel or impacted your work

Use a private notebook or secure digital file; never store documentation at work.

2. Save Emails, Texts, and Messages

Preserve any written communication that includes inappropriate comments, threats, or retaliation. Take screenshots and back up files.

3. Report to Human Resources or Management

Submit a formal complaint to your company’s HR department and keep a copy. If your employer fails to act or retaliates, this strengthens your legal case.

4. Get Witness Statements

If coworkers witnessed the harassment, ask them to write down what they saw. Their accounts can corroborate your story.

What to Do If You Signed A Non-Disclosure Agreement (NDA)

Under the Silenced No More Act, NDAs that prevent you from discussing harassment, discrimination, or retaliation are unenforceable. Your have the right to:

• Speak out about your experience
• File a legal claim
• Seek damages, plus attorney’s fees

If you signed an NDA after June 2022, it may be invalid. Contact an attorney to review your agreement.

When to Contact an Attorney

If you’re experiencing harassment and your employer isn’t taking action, or if you fear retaliation, legal support is essential. Emery | Reddy’s attorneys specialize in both employment law and workers’ rights, and we’ve helped thousands of Washington workers fight back.

Our firm offers:

• Free Case Reviews
• Document analysis
• Representation in harassment, retaliation, and NDA violation cases

Understand Your Rights

Harassment is never acceptable, and you don’t have to face it alone. By documenting every incident and understanding your rights under Washington law, you can build a strong case and protect your future. Call Emery | Reddy today for a Free Case Review.