Disclaimer: I am not an attorney nor am I providing legal advice. This is purely based on two employers who treated me terribly and then I learned how to stack the deck in my favor. Subsequently, I won two settlements from future employers. I've seen a lot of questions on social media about this and I wanted to share my experience.
If you have ever experienced a hostile work environment, retaliation, or violation of EEO/ADA, this list is for you. This is what I developed based on experience to ensure that you will be compensated and can prove your case if it goes that far.
Document everything / Keep a journal
This may seem insignificant, but it plays a huge role if you ever get into a lawsuit over what I previously mentioned. If you are in a position where your management or coworkers are making disparaging comments or slick/subtle remarks, document it immediately. Write it down, what was said, and who witnessed it every day. As soon as you can, email it to yourself so you have time stamps. Document any shifts you see as far as your treatment, discipline, schedule changes, etc.; anything outside the norm. If you end up getting a lawyer, you can forward or print all the emails to show a timeline of behavior.
Report the issue to HR
HR is absolutely not on your side and never will be. Their goal is to protect the organization and therefore its management. If you were unaware, the higher on the management chain the infraction comes from, the more liable the company is for damages. Your supervisor calling you stupid is one matter, the VP is an entirely different one. Make a formal complaint to display that you followed the appropriate chain, and the entire company is at fault, not a single member of management. Be sure to record this conversation. Do not share any of your documents/journal entries as HR may get signaled that you are going to attempt a legal approach and things will go differently. Simply make the complaint and allow them to “investigate.” Do not answer open ended questions where they try to get you to admit to wrongdoing and learn to identify these questions. They will sound something like, “What could you have done on your end?” or “Can you tell me what you did to that could have created this behavior?” Tell your side, keep it yes or no. Any other questions, just say that you don't have an answer or are uncertain. You'll be recording so your (possible future) lawyer can show the context of the conversation where they claim you admit guilt. Don't allow yourself to be intimidated.
Recording all private conversations with HR and management
Recording is imperative in all private rooms. You can use an app on your phone and place it on the table. You CANNOT allow discussions to turn into he say/she say. It will almost never go in your favor. Even if you are in a two-party state where both parties have to be aware of recordings, record anyway. Your lawyer will sort out the details about legalities and what can be submitted in court or during discovery. You just provide the evidence. NEVER assume it is a casual one-on-one conversation.
Follow up conversations with an email synopsis
After you talk to your management or HR, follow up with an email if possible. Put in writing what was discussed, the course of action that will be taken, and your takeaways from the conversation. If follow up after that is required, send it on that email chain. Always send a copy to yourself privately or print it.
File a complaint with EEO/Labor Board/Etc.
Do not wait until you are terminated if you have a genuine complaint. File it immediately, next day if you can. Filing after you are terminated gives employers the avenue to say you are just a disgruntled employee. File it while you are employed, and this builds a stronger retaliation case if the employer chooses to retaliate. After you file, track reduction in hours, disciplinary conversations, changes in job duties, changes in schedule.
Lawyer Up
If you are terminated or things have gotten far too out of hand at this point, get you a lawyer. Hand over all your documents and recordings. With everything you have provided, they will more than undoubtedly take the case pro-bono. One of the biggest problems lawyers have with taking these cases pro-bono is that the person sitting in their office is twisting the story or omitting details. When your documents are there, they will see it as an easy win. Be transparent about anything you did wrong that resulted in genuine disciplinary action. Keep copies. Finally, and most importantly:
STFU
Never, ever, ever talk about the details of what you're doing or after you have a lawyer. Your lawyer will reinforce this as soon as they take you on and may well drop you as soon as you want to start telling your story. No friends, no family, no social media. Most settlements are done under NDA and causing damage to the company's reputation can reduce your settlement as now you're both “victims.” You lost wages, they lost reputation and therefore revenue. Once you got it in your lawyer's hands, forget it ever happened and move on with life. If you are still employed, keep doing what you were previously doing. No mention, no to anyone.
Hope this helps those that are in similar situations.