Summary. Sixteen documents. Template 1 takes twenty minutes and decides whether any of the rest matter.
The one rule
Everything here is subordinate to the deadline. A charge must generally be filed within 180 days of the discriminatory act — 300 in most states — and a timely charge is a precondition to suing on federal claims.
Do Template 1 this week. If you are near the deadline and not ready, file to preserve it and amend later. A charge can be amended. A missed deadline cannot be recovered.
Template 1 — Deadline calculator
DEADLINE WORKSHEET — [Your name], [Employer]
Question Answer Does my state have a fair employment practices agency covering this conduct? Y / N My deadline is therefore 180 / 300 days Each DISCRETE act starts its own clock:
The act Date it occurred Deadline (act + 180/300) Days remaining Termination Failure to promote Demotion / transfer Denial of accommodation Discipline Failure to hire Hostile work environment — timely if any contributing act falls in the window: Most recent contributing act: [date] → deadline [date]
Pay discrimination — each discriminatory paycheck restarts the clock. Most recent paycheck: [date]
Other clocks that may be running:
Claim Deadline Date Confirmed with Whistleblower statute (can be as short as 30 days) Union grievance State-law claim FMLA Section 1981 (no charge required) Equal Pay Act (no charge required) VERIFIED WITH: [ ] EEOC — date [] [ ] State agency — date [] [ ] Attorney — date [___]
EARLIEST DEADLINE: [______] — DAYS REMAINING: []
Template 2 — Incident log
Date Time What happened / what was said (VERBATIM) Who Witnesses Where Emailed to myself? ☐ Rules:
- Same day. Memory degrades in hours.
- Verbatim where you can. "He said the team needs digital natives" beats "he made ageist comments."
- Names of witnesses, with contact information you can use after you leave
- Email each entry to your personal account — a dated email you control survives a locked-out work account
- Do NOT record without checking your state's consent rule. A crime in some states, and frequently inadmissible.
- Note anything you were told rather than saw, and who told you
Template 3 — Evidence inventory
| Item | Have it? | Where | Forwarded to personal email? |
|---|---|---|---|
| Every performance evaluation (especially the good ones) | ☐ | ☐ | |
| Commendations, awards, positive emails | ☐ | ☐ | |
| Offer letter, job description | ☐ | ☐ | |
| Employee handbook and the specific policy at issue | ☐ | ☐ | |
| Progressive discipline policy | ☐ | ☐ | |
| Pay records, rate history, bonus records | ☐ | ☐ | |
| Schedules and assignment records | ☐ | ☐ | |
| My written internal complaint and any response | ☐ | ☐ | |
| Emails and messages relevant to the conduct | ☐ | ☐ | |
| Termination or separation documents | ☐ | ☐ | |
| Any severance agreement | ☐ | ☐ | |
| Any arbitration agreement I signed | ☐ | ☐ | |
| Medical documentation (functional need, not diagnosis) | ☐ | ☐ | |
| Job postings for my position after I left | ☐ | ☐ |
Do NOT gather: company documents you are not authorized to have · anything from systems you should not access · confidential personnel or client information. Each creates an independent problem and has cost strong plaintiffs their cases. Write down what you observed instead — that is admissible.
Template 4 — Comparator worksheet
COMPARATOR [#___]
Factor Them Me Name Protected characteristic (outside my class?) Position / title Same supervisor / decisionmaker? Length of service The conduct or performance at issue Same policy or standard applied? Prior disciplinary history What happened to them What happened to me Date Who knows about this Questions to answer for each category of decision:
- Who else violated this policy, and what happened?
- Who else had this attendance record / performance rating / customer complaint?
- Who else requested the same accommodation or schedule?
- Who was hired, promoted, or retained instead of me, and what were their qualifications?
- Who was laid off and who was kept in the reduction?
Anticipate the employer's distinctions: different supervisor · longer disciplinary record · distinguishable violation · different classification · different time period. Note whether each distinction is real.
Template 5 — Internal complaint
[Date]
RE: Formal complaint of [discrimination / harassment / failure to accommodate]
To: [HR / the person designated in the policy]
I am making a formal complaint under the company's [anti-harassment / equal employment opportunity] policy.
What happened:
Date What occurred Who Witnesses (specific, quoted where possible) I believe this treatment is because of my [race / color / religion / sex / sexual orientation / gender identity / pregnancy / national origin / age / disability / (state-law characteristic)].
[Comparators:] I note that [name(s)], who [are outside the protected class], [did substantially the same thing / hold the same position] and were [treated differently — specifically].
I am asking that this be investigated and that the conduct stop. Please respond in writing and let me know what steps will be taken and by when.
[Name] · [Title] · [Date] Copy retained; also sent to my personal email.
Three things this document does: it may fix the problem · it removes the employer's harassment affirmative defense · it creates the retaliation claim.
And one thing it must do: name the protected characteristic. A complaint about "unfair treatment" may not be protected activity.
Template 6 — Accommodation request
RE: Request for reasonable accommodation
I have a disability that affects [function — not a diagnosis]. I am requesting the following accommodation:
[ ] A modified schedule of [specific] [ ] [N] weeks of additional leave beyond [FMLA / company policy] [ ] Remote or hybrid work on [days] [ ] Modified equipment: [specific] [ ] Reassignment to a vacant position for which I am qualified [ ] A change to [policy] [ ] Other: ______
With this accommodation I am able to perform the essential functions of my position.
Documentation from my [provider] confirming the disability-related need is [enclosed / available on request]. I am not disclosing my diagnosis, which I understand is not required.
I am open to discussing alternatives that would be effective, and I am available to meet at your convenience.
Please respond in writing by [date].
[Name] · [Date]
Note: an employer that never engages in the interactive process — an individualized, documented dialogue — frequently loses on that ground alone. A leave policy is a policy, not an analysis.
Template 7 — Retaliation log
Date I complained in writing: [] · To whom: [] · Copy kept: ☐ · Emailed to myself: ☐ Date of any accommodation request: [] Date any charge was filed: []
Date Days after complaint What changed Who What was said (quote) Witnesses Documented how Hours reduced from ___ to ___ Schedule screenshot Territory / assignment changed Removed from [incentive plan / meetings / training] First written warning in ___ years Copy kept Increased scrutiny Terminated Before/after comparison: evaluations · commendations · disciplinary history · assignments · hours · access · treatment.
Ask in writing: "Could you tell me in writing why [the change] was made?"
Remember: retaliation covers actions that would dissuade a reasonable worker from complaining, even without affecting terms and conditions. And a wrong complaint is still protected if made in good faith.
Template 8 — Charge drafting worksheet
What the charge says shapes what you can litigate. Claims not reasonably related can be dismissed for failure to exhaust.
BASIS — check EVERY box that applies: [ ] Race [ ] Color [ ] Religion [ ] Sex (includes pregnancy, sexual orientation, gender identity) [ ] National origin [ ] Age [ ] Disability [ ] Genetic information [ ] RETALIATION [ ] Other: [state-law characteristic]
DATES: Earliest [] · **Latest []** (establishes timeliness) · [ ] CONTINUING ACTION
HARM — check every one: [ ] Termination [ ] Failure to hire [ ] Failure to promote [ ] Demotion [ ] Discipline [ ] Harassment / hostile environment [ ] Failure to accommodate [ ] Unequal pay [ ] Transfer / reassignment [ ] Constructive discharge [ ] Denial of training [ ] Other
THE PARTICULARS — four paragraphs:
1. Background. "I began working for [employer] on [date] as a [position]. [One sentence of good history, if you have it — 'I received satisfactory or better evaluations each year.']"
2. What happened. "On [date], [specific, dated]. On [date], [specific, dated]."
3. Comparator. "[Name], who is [outside the class], [did the same thing / holds the same position], and was [treated differently]."
4. Complaint and retaliation. "On [date] I complained in writing to [name] that I believed this was because of my [characteristic]. On [date] — [N] days later — [what happened]."
5. Conclusion. "I believe I was discriminated against because of my [characteristic], and retaliated against for complaining, in violation of [Title VII / the ADEA / the ADA / (state law)]."
Before filing: get a free consultation. Twenty minutes on which boxes to check frequently preserves claims dismissed two years later on exhaustion grounds.
Template 9 — Dual filing confirmation
[Date]
RE: Charge filing confirmation — [Name] v. [Employer]
To: [EEOC / State fair employment agency]
I submitted [an intake questionnaire / a charge] on [date]. Please confirm in writing:
- That a CHARGE has been filed — not only an intake questionnaire — and the date it was filed
- The charge number
- Whether this filing also constitutes filing with [the other agency] under any work-sharing agreement, or whether I need to request dual filing separately — and if so, please treat this letter as that request
- The date the employer was or will be notified
- Whether the charge as filed includes each basis and each type of harm I indicated
- How to amend the charge if additional facts arise
Please send a file-stamped copy of the charge as filed.
[Name] · [Contact] · [Date]
Template 10 — Position statement response
Organized around the five kinds of pretext evidence. Request the position statement; you are generally given an opportunity to respond.
RE: Charge No. [_______] — Response to Respondent's Position Statement
Respondent asserts: "[quote the stated reason exactly]."
1. COMPARATORS. [Name], who is [outside the class], [did the same thing] on [date] and was [treated differently — specifically]. [Same supervisor / same policy / comparable conduct.] [Repeat for each.]
2. SHIFTING EXPLANATIONS. At the time of [the action] on [date], I was told: "[quote]." [Name] told [witness] that the reason was "[quote]." The position statement now states: "[quote]." These are different reasons.
3. DEVIATION FROM POLICY. Respondent's [progressive discipline policy, § ___] provides: "[quote]." That procedure was not followed in my case. It was followed for [name] on [date].
4. TIMING. I [complained in writing / requested an accommodation] on [date]. [The action] occurred on [date] — [N] days later. [Nothing comparable had occurred in the preceding ___ years.]
5. DOCUMENTS CONTRADICTING THE ASSERTION. Respondent states [X]. [Document], enclosed, shows [Y].
6. FALSITY. Respondent states [specific factual claim]. That is untrue, because [evidence].
WITNESSES with knowledge: [names, roles, contact information, and what each observed].
Enclosed: performance evaluations · my written complaint · relevant emails · policy excerpts · the incident log · [other].
[Name] · [Date]
Template 11 — Mediation preparation
BEFORE MEDIATION
My best case: [three sentences] My weakest point, and my answer to it: [ ] The employer's likely position: [ ]
DAMAGES
Item Amount Notes Back pay to date $ Less interim earnings of $______ Front pay / future loss $ Lost benefits (health, retirement match, PTO) $ Out-of-pocket costs $ Medical / counseling attributable to the conduct $ Emotional distress $ Attorney's fees $ shifted to a prevailing plaintiff TOTAL $ Damages caps (Title VII / ADA — by employer size): $______ · Back pay is NOT capped. · Section 1981 has no cap.
NON-MONETARY TERMS I WANT (frequently more available than money)
Term Priority Neutral reference with an agreed script Removal of documents from my personnel file MUTUAL non-disparagement Continued benefits through [date] Outplacement Carve-out preserving unemployment eligibility Agreed characterization of the separation Removal of a non-compete or non-solicit Reinstatement My range: opening [] · target [] · walk-away [____]
Tax: allocation between back pay (taxable as wages), emotional distress, and fees is negotiable. Ask before signing.
Remember: the mediator's job is to close the gap, not to advise you. Nothing said in mediation is admissible. If it does not settle, nothing is lost.
Template 12 — Damages and mitigation log
| Month | Employer income lost | Interim earnings | Net loss | Job applications sent | Interviews | Offers (and why declined) |
|---|---|---|---|---|---|---|
| $ | $ | $ | ||||
| Running total: $ |
Mitigation matters: back pay is reduced by what you earned or reasonably could have earned. A documented job search protects the claim.
Keep: every application · every rejection · interview dates · every offer, including ones you declined and the reason · unemployment records · benefits you lost and their value · out-of-pocket costs · medical or counseling expenses attributable to the conduct.
Template 13 — Severance review
Question Answer What is my charge deadline, and is it running? (It is, regardless of whether I sign) Amount offered $ Is this consideration beyond what I was already owed? (Accrued wages and vacation are NOT) Y / N Does it release all claims? Y / N Does it purport to bar me from filing a charge? (Generally cannot) Y / N ADEA claim involved? If so: 21 days to consider (45 in a group termination, with age/title disclosures)? 7 days to revoke after signing? Advice to consult an attorney? Y / N Non-compete or non-solicit? Y / N Confidentiality — mutual? Y / N Non-disparagement — mutual? Y / N Reference protocol specified? Y / N Unemployment eligibility carve-out? Y / N Continued benefits? Through when? Outplacement? Tax allocation specified? What I will counter for: [ ]
DO NOT SIGN IN THE ROOM. Take the full consideration period. Get a consultation — reviewing a severance agreement is routine work.
Template 14 — Records request
RE: Request for personnel and employment records — [Name], [employee ID]
Under [state statute, if applicable], I request copies of:
- My complete personnel file
- All performance evaluations, reviews, and appraisals
- All disciplinary records, warnings, and performance improvement plans
- Commendations, awards, and recognition records
- My job description(s) and any documentation of essential functions
- Pay records, rate history, bonus and commission records
- Attendance and time records
- Any records relating to my complaint of [date] and any investigation
- Any records relating to my accommodation request of [date] and the interactive process
- Handbooks and policies in effect during my employment, including the anti-harassment and progressive discipline policies
- Any document I signed, including arbitration agreements
- Records of my separation
Please advise of any copying charge before producing, and respond within [the statutory period].
[Name] · [Contact] · [Date]
Template 15 — Attorney consultation prep
BRING
Item ☐ The deadline worksheet (Template 1) ☐ Incident log and timeline ☐ ALL performance evaluations ☐ Written complaint and any response ☐ Termination / separation documents ☐ Any severance agreement ☐ Any arbitration agreement ☐ Handbook and relevant policies ☐ Comparator worksheets ☐ Pay records ☐ Retaliation log ☐ Damages and mitigation log ☐ A one-page written summary ☐ ASK
- What is my deadline, and how much time is left?
- Which statutes apply — including Section 1981 (no cap, no charge required) and the Equal Pay Act?
- Does my state cover characteristics or employers federal law does not?
- Which agency should I file with?
- What should the charge say?
- Is there a retaliation claim?
- Realistic range of outcomes?
- Is there a shorter deadline on any adjacent claim? (Whistleblower provisions can be 30 days.)
- Does my arbitration agreement change the strategy?
- What does this cost me? (Fee shifting usually means: nothing.)
Template 16 — For employers: investigation protocol
The affirmative defense to supervisor harassment requires showing reasonable care to prevent and correct. A policy is half of it; this is the other half.
COMPLAINT INTAKE
- Date received · from whom · to whom · in what form — document all four
- Acknowledge receipt in writing within [2] business days
- Assess whether interim measures are needed (separation of the parties — without disadvantaging the complainant)
- Assign an investigator without a conflict
INVESTIGATION
- Interview the complainant — open-ended first, then specifics; ask for witnesses and comparators
- Interview the respondent
- Interview every identified witness
- Gather documents, communications, schedules, access records
- Preserve all relevant records
- Document each interview contemporaneously
- Reach a conclusion on each allegation, applying a stated standard
RESOLUTION
- Take prompt corrective action proportionate to the finding
- Communicate the outcome to the complainant in writing
- Follow up in [30] days to confirm the conduct has stopped and that there has been no retaliation
- Document everything
THE THREE THINGS THAT CREATE LIABILITY OUT OF NOTHING
- Reacting to the complaint. Even a meritless complaint is protected. The retaliation claim is easier to prove than the underlying claim and is created entirely by conduct after the complaint.
- Automatic termination at the end of leave without considering additional leave, modified schedules, or reassignment — and documenting that consideration.
- Blanket rules with no individualized-review step.
AND THE FIVE-MINUTE QUESTION THAT PREVENTS THE MOST LIABILITY: before any adverse action against someone who recently complained, requested an accommodation, or is in a protected class — "What does the documentation show, and what happened to comparators?"
The short version
- Find the deadline this week. 180 or 300 days.
- Log incidents the same day, and email them to yourself.
- Forward your good evaluations to your personal account today.
- Write down comparators while you still have access.
- Complain in writing, and name the protected characteristic.
- Log everything that changes afterward, with dates.
- Check every box on the charge.
- Confirm the charge was filed and ask about dual filing, in writing.
- Request the position statement and respond to it.
- Calendar 90 days the day the right-to-sue letter arrives.
- Do not sign a severance in the room.
Related documents
- Employment Discrimination: Protected Classes, Proof Frameworks, and the Charge Process
- Filing an Employment Discrimination Charge
- Employment Discrimination Charge Checklist
- Wage Claim Toolkit
- Disability Rights Toolkit
- Unemployment Insurance Toolkit
- Fair Housing and Lending Toolkit
Educational only, not legal advice. Adapt every template to your jurisdiction. State and local fair employment law is frequently broader than federal law, and the deadline is the one thing that cannot be fixed later.
