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Employers are not allowed to discriminate against you because of your disability. If you think your employer may be discriminating against you because of your disability, it is a good idea to document this discrimination even if you are not sure whether you would like to pursue legal action.
Below are some tips on how to document discrimination.
If you think your employer may be discriminating against you because of your disability, keep a record of the incidents where this has happened. Write down important information, including:
- The time, date, and place where you were treated unfairly,
- The names of all the people who were there,
- Everything that happened,
- If possible, exact quotes of statements you heard and who said them,
- If exact quotes are not possible, explain what you heard in your own words, and
- The names of anyone who overheard or saw what happened and what you believe those people saw or heard.
In general, it is a good idea to make sure there is a written record of important conversations with your employer. Below are some tips on how to do this:
- Communicate in writing when possible. For example, when requesting reasonable accommodations for your disability, it is a good idea to make your request in writing so that there is a record of your request.
- If you have an important verbal conversation with your employer, it is a good idea to memorialize these conversations by sending a letter or email recapping the content of the conversation. An effective way to do this is to send a thank you note.
- For very important communications, request a written response.
- To show proof of receipt, consider sending important letters by certified mail.
Keep originals or copies of the following types of documents:
- Notes, handwritten or typed,
- Policies and procedures,
- Memos or letters,
- Reports or evaluations,
- Files,
- E-mails, and
- Text messages.
You have a right to look at your personnel file. You may review your file under the following conditions:
- At least twice a year before leaving your job, or
- For up to one year after leaving your job.
Usually, your employer needs to let you review the file within 7 days. If needed, the employer can ask for 7 extra days to let you review your file. You may request a copy of your file, but your employer can charge you for the cost of copying the file.
Use this program to help you write a letter to your employer requesting a copy of your personnel file.
In general, you should not tell your employer that you are keeping documentation. If your employer knows that you are documenting discrimination, it may escalate the situation or cause your employer to try to avoid communicating in writing.
Additionally, it’s important to note that it violates Illinois law to make an audio or video recording of a private conversations without the permission of all parties to the conversation. For this reason, you should not try to document a private verbal conversation by making an audio or video recording of it without getting permission first.
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