In Washington State, what are personal work journals and how can they help employees (and former employees) when pursing claims of employment discrimination? Here’s my point of view.
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Using a Personal Work Journal in Employment Discrimination Cases in Washington State
When pursuing an employment discrimination claim in Washington State, evidence is essential. Employees often find themselves in the difficult position of needing to prove that discriminatory behavior occurred over time, particularly when such behavior may not have been documented by the employer. In these situations, a well-maintained personal work journal can serve as a valuable tool during litigation.
What Is a Personal Work Journal?
A personal work journal is a private record kept by an employee, documenting workplace events, communications, and observations. This might include:
• Dates and details of discriminatory comments or actions
• Notes on who was present during specific incidents
• Descriptions of performance evaluations and changes in responsibilities
• Documentation of complaints made to HR or supervisors
• Recollections of meetings and informal conversations
While these journals are not official company documents, they can play an important role in shaping a narrative and supporting legal claims.
Relevance Under Washington Law
Washington State law prohibits employment discrimination based on race, creed, color, national origin, citizenship or immigration status, sex, honorably discharged veteran or military status, sexual orientation, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability under the Washington Law Against Discrimination (WLAD), codified at RCW 49.60*. In these cases, courts often examine whether there is evidence of a discriminatory motive or pattern of behavior.
Because discrimination often occurs subtly or gradually, a personal journal can help demonstrate a consistent pattern that may not be apparent in formal HR records. Courts have recognized that contemporaneous notes—made at or near the time of the incidents—can be more credible than recollections made long after the fact.
How a Work Journal Can Support a Case
1. Establishing a Timeline
A journal can help construct a detailed and chronological account of events. This can be useful in showing causation—for example, if an adverse employment action occurred shortly after an employee complained about discrimination.
2. Corroborating Testimony
Notes that were recorded shortly after an event may support the employee’s version of events during depositions or trial. This can bolster the employee’s credibility and fill in gaps left by limited or sanitized employer records.
3. Identifying Witnesses
Journals often reference others who were present during discriminatory incidents. This information may help attorneys locate potential witnesses to support the employee’s claims.
4. Supporting Claims of Pretext
If an employer offers a non-discriminatory reason for an adverse action* (such as poor performance), a journal may provide evidence suggesting the justification was pretextual*—especially if performance was never questioned before a protected activity occurred.
Best Practices for Maintaining a Journal
For a journal to be helpful and admissible, it’s important to maintain it properly:
• Be factual and objective: Avoid speculation or overly emotional language. Focus on who said what, when, and where.
• Date entries accurately: Record events as soon as possible after they occur to preserve accuracy.
• Keep it private: A personal work journal should be maintained outside the workplace and not stored on employer devices or servers.
• Avoid altering entries: Retroactively editing entries can damage credibility. If you need to clarify or correct something, make a new entry and note the change transparently.
Limitations and Considerations
While journals can be helpful, they are not a silver bullet. Courts will weigh the credibility and context of journal entries, and opposing counsel may challenge their authenticity or accuracy. Additionally, if a case proceeds to litigation, the journal may be discoverable, meaning it could be shared with the employer and their legal team.
Employees should also be aware that journal content can be scrutinized. Overly dramatic or inconsistent entries may undercut the case, while consistent and measured notes can enhance credibility.
Conclusion
In employment discrimination cases in Washington State, a personal work journal can be a powerful supplement to other forms of evidence. When maintained properly, it can help employees establish a pattern of discriminatory conduct, support their testimony, and navigate the complex litigation process with more confidence.
For anyone considering legal action based on workplace discrimination, it’s wise to consult an experienced employment attorney early—and to start documenting concerns thoughtfully and consistently.
READ OUR RELATED ARTICLES
We invite you to read more of our articles related to this topic:
» Can you prove employment discrimination without direct evidence?
» Employment Law 101: Definition of Circumstantial Evidence (WA State)
» Proving Discrimination: The Direct-Evidence Method
» The McDonnell Douglas Burden Shifting Framework*
» Title VII of the Civil Rights Act of 1964
» Using Circumstantial Evidence to Prove Employment Discrimination
» What is WA State’s Law Against Employment Discrimination?
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If you would like to learn more, then consider contacting an experienced employment attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.
–gw