Monthly Archives

November 2018

Quora Post: What do I have to prove in order to prove harassment at the workplace

by robAdmin November 28, 2018December 10, 2018

What do I have to prove in order to prove harassment at the workplace (not sexual harassment)?

Recently, Forensic Notes posted the following answer on Quora at:

https://www.quora.com/What-do-I-have-to-prove-in-order-to-prove-harassment-at-the-workplace-not-sexual-harassment

In order to prove harassment at the workplace, you must fully understand what harassment is.

Maggie is a victim of workplace harassment

Workplace Harassment encompasses a wide range of unwelcome conduct that a reasonable person would consider inappropriate.

Behaviors can be unlawful when an employee has to endure offensive conduct that:

Becomes a condition of continued employmentOR
Conduct is severe or pervasive enough to create a work environment that a reasonable person would consider hostile, intimidating or abusive. This is often referred to as Hostile Work Environments.

Usually the employee who feels that he or she is being harassed would have made it clear that such behavior is unwelcome and inappropriate and asks that it be discontinued.

Workplace harassment can be physical, psychological or both.

In order to Prove Workplace Harassment, you should

Record and Document all incidents (no matter how big or small)
Do Not Delete Text Messages, voice mail or emails and save them for later use if required
Don’t Store Evidence on your Office Computer or in your Desk

The last one is especially important in cases where the harasser may be in a position of power (manager) or have the technical skills and knowledge to quickly find and delete any evidence you may have put together.

There are 3 Key Elements to Having a Legal Case should you decide to sue the person or organization.

You Did Not Initiate the Harassment
The Harassment Offended You
The Harassment Affected You Negatively

Further details and information can be found within our Workplace Harassment article.

If you would like to document online, we offer a free service for anyone that has been harassed at work.

We believe that by working together, we can hopefully put a stop to workplace bullying, discrimination and harassment.

Quora Post : How do I deal with bullying and harassment in the workplace?

by robAdmin November 28, 2018November 28, 2018

How do I deal with bullying and harassment in the workplace?

Recently, Forensic Notes posted the following answer on Quora at:
https://www.quora.com/How-do-I-deal-with-bullying-and-harassment-in-the-workplace/answer/Forensic-Notes-1

The best way to deal with bullying and harassment in the workplace is to document, document, document.

Without proper documentation, it will be your word versus the bully.

The problem with this is that bullies can often be very convincing if you have no witnesses or information to back up your claim, especially if they are in a position of power or have more seniority than you within the organization.

Many experts in bullying agree with the need to document including Dr. Renee Thompson who is an expert in handing Nurse Bullying within hospitals and medical facilities. Recently, she wrote a Nurse Bullying article for Forensic Notes stating the following:

Every time a nurse shares his/her bullying story with me, I ask this question:

“Have you documented your experiences?”

In most cases, the answer is no.

Dr. Renee Thompson goes on to discuss the importance of documentation and how this recently helped one nurse she was mentoring win a legal case due to bullying within her work environment.

The reason why documentation is so important is because of the environments we work in. As someone being bullied, you may be in a situation where a group is targeting you. Although it may seem like a large group of people, in reality it is normally a single person in the group that others are simply following either due to the seniority of that individual or due to fear in being a target themselves if they speak up.

An excellent article about this herd mentality can be found on Nurse Keith’s Blog.

“This is the herd mentality at its worst, and many novice nurses are taken down by bullies and power-hungry colleagues who eat them alive when they’re demonstrating the slightest weakness.”

Once you properly document the incidents occurring, then you have more options in dealing with the situation.

This may include contacting your Human Resource department, EEOC, employment lawyer or a local government agency set up to handle workplace issues.

If you would like to document online, we offer a free service for targets of workplace bullying. We believe that by working together, we can hopefully put a stop to workplace bullying, discrimination and harassment.

Wrongful Termination in the Workplace : 7 Steps

by robAdmin November 28, 2018August 25, 2019

It is a situation that culminates into one of a person’s worst fears. A random call has you headed for the boss’ office, but there is nothing scheduled. A few minutes later, it becomes abundantly clear that you are being let go. Furthermore, the reason for the termination is something you feel is ethically and fundamentally wrong. But what if the termination was legally wrong?

Most employment is “at will” which gives the employer the right to fire a person at any time for any reason that is not illegal. Understanding the exceptions to the rule can help a person keep their job, or sue the employer for wrongful termination. It is useful for all hired workers to have a basic understanding of their rights as an employee. However, situation that would constitute wrongful termination can vary greatly and it is impossible to anticipate them all.

One of the most basic examples of wrongful termination is firing an employee based on the employee’s race, religion, age, national origin or disability. These are all forms of discrimination deemed illegal under the law. Similarly, firing an employee on the basis of his or her alien status would amount to wrongful termination in the United States or Canada if that employee is legally allowed to work in the country.

Occupational Safety and Health Standards are important components of workplace rights which are regulated by various government agencies. If an employee makes a complaint about a violation of safety or health standards, an employer is not legally allowed to fire them for that reason.

Failure to carry out an illegal act is another potential area for unlawful termination. Individual States, Provinces and territories have various laws related to violations of public policy. However, it is normal for state laws to prohibit an employer from firing an employee because they refuse to commit an illegal act, complain that their employer is conducting illegal activity or if he or she exercises personal legal rights. If an employee refuses to take a lie detector test, that is also not grounds for termination. These are just a few examples of what would constitute wrongful termination; many other possible instances exist.

So what should you do, is you are wrongfully terminated at work? Below is a list of helpful ways to help you handle the situation effectively:

7 Key Steps in handling Wrongful Termination

1. Be Proactive

The old adage “prevention is better than cure” is very true when it comes to wrongful terminations of employment. It is advisable to look for signs that may indicate termination is on the horizon. Being proactive on that front can help a person take the necessary steps to protect themselves against wrongful termination, but also can provide more time to prepare should that happen. If you detect any signs of trouble on the horizon, however remote, start building your case even before anything happens. Take notes, keep records of correspondence and other details pertaining to your work situations, as these notes may help you later down the line. Remember though, that the admissibility or credibility attached to all of this documentation is vital to the success of your claim later, so make sure they are properly dated and stored. A document storage and verification system like Forensic Notes helps you to do just that.

2. Remain Calm

Assuming that you do get terminated, you need to move forward. This first step may seem simple, but it can be challenging for many individuals. Absorb the news, but remain calm at all costs. You want to avoid giving the employer any additional ammunition to justify their actions. It is best to walk out of the room with as much of your dignity intact as possible before venting your frustrations in a safe place outside of the office. Then take the time to write down and document as much detail as possible.

3. Research

The next step in the process takes some discipline and focus. Wrongful termination is often times not a black and white situation which means legal research is necessary. Depending on the particular laws of your State or Province, combined with Federal laws, there are quite a few reasons for termination that can be labelled as not lawful, so research, research and more research.

4. Document Everything

Once you have vetted the legal options that you have, begin building a case. Have a well documented timeline put together to ensure that you have a consistent and detailed account of events that led to your termination. It is a good rule of thumb to write down even the things that do not seem to be important. You never know what minute detail could play a crucial role in the outcome of your claim. Gather up any tangible items that could help your case such as emails, computer files, handwritten memos, text messages or voicemail’s. Again, make sure that the authenticity of each and every one of these documents can be verified.

5. Get Legal Representation

At this point it is time to ascertain legal representation. Most lawyers who specialize in employment related cases such as wrongful termination are cognizant of the financial burden that follows for those victimized by it. The good news is these lawyers are usually willing to represent you on a contingency fee basis, especially if you have a strong case. This is a legal term that explains a lawyer will work for you without asking for an upfront attorney’s bill. Before moving forward with a lawyer, be sure to agree on the percentage that will be allocated to the lawyer if the case is won or settlement is reached.

6. Be Prepared

Legal cases can be unpredictable, long and arduous even when you go into it with strong representation and all your ducks in a row. Therefore, it is imperative that you take the time to put a plan together in regards to moving forward. It is also important for you to have a clear and concise way to explain to future employers why you no longer work at your previous job. A lawyer can help you come up with a brief version that is worth writing down for the sake of consistency. Try to give employers just enough information that provides them with some clarity, without violating confidentiality rules related to an open case. Defamation of your previous employer is also something worth avoiding as tempting as it might be to over share about this emotional experience.

7. Use Forensic Notes

Even as you go through each of these steps, bear in mind that good record keeping is one of the most essential steps you can take to protect yourself. All information that can help your case should be recorded and stored safely in a manner that will protect their integrity and ensure their authenticity cannot be challenged when you present them as evidence in support of your case. Forensic Notes’ Timestamping feature protects and authenticates your documents with a timestamp from a trusted 3rd party Timestamping Authroity (TSA) that cannot be altered at a later time, meaning they are more likely to be trusted by the court, labour tribunal or alternative dispute resolution forum your case ends up in.

It is in an employee’s best interest to educate themselves on what their rights are. The best thing you can do after a wrongful termination is take things one step at a time. Be thorough, and avoid taking any short cuts once you have committed to fighting the termination.

Verbal Abuse in the Workplace

by robAdmin November 28, 2018August 25, 2019

Being the target of verbal abuse is never easy in any context, and it is even worse when it happens in what should be a professional setting. Verbal abuse in the workplace among coworkers or superiors, is humiliating and challenging for the victim. Like other abusive situations in the workplace, it contributes to establishing a hostile working environment. Furthermore, an employee can claim that the verbal abuse is so pervasive that their ability to do their job has been impeded.

Typically, verbal abuse is initiated by a person with seniority over a lower ranking employee. It can transpire during a one on one interaction when a person wants to assert their authority by degrading or belittling a worker, or it can happen in front of others. Peers or friends of the person being verbally abused often times do not speak up for fear of retribution or becoming the target.

Verbal abuse not only messes with a person’s mental well being, but with their productivity, and it is obviously not good for the company either. Abusers are bullies, and they pick out their victims in a calculated manner. They look for a target less inclined to speak up, which is why the culture must promote proactive measures.

In the event that a company is unable to resolve the issue properly, the employee should consider seeking counsel elsewhere and find out what his or her options are.

Gender Discrimination is Unfair – Fight Back (Examples & Tips 2020)

by Michael Post November 28, 2018December 27, 2019

Have you experienced gender discrimination?

For all our social advances, gender discrimination is still a very real and troubling occurrence.

That’s why it’s important to educate yourself about gender discrimination and how you can fight against it.

The goal of this article is to provide you with support and guidance on how to fight back and stop gender discrimination in your workplace.

Article Navigation Links

What is Gender Discrimination?
Gender Discrimination Vs. Gender Bias
Female Discrimination
Male Discrimination

How To Prove
How to Report
Legal Decisions – Won Lawsuits

Examples of Gender Discrimination in the Workplace

Click here to jump to high-profile stories of Gender Discrimination in the Workplace

Gender Discrimination Laws make it illegal to discriminate based on gender within the workplace.

The various forms of compensation where Gender Discrimination often occurs is:

Salary
Bonuses
Profit Sharing
Stock Options
Vacation Time
Life Insurance
or
Holiday Pay

Reimbursement Policies
If you are a victim of Gender Discrimination or Bias, you can fight back and get the compensation you deserve.

There are many examples of Gender Discrimination where victims have documented the incidents allowing them to PROVE that it was occurring.

These cases resulted in positive changes within the work environment or large financial payouts to the victims.

The aim is to ensure that the same establishment pays men and women equally for the same amount of work.

Focus is on the content of the job and not the title when determining if gender discrimination has taken place.

Despite these laws, however, gender discrimination in the workplace remains quite common.

Increasingly, so are lawsuits to fight against such discrimination and when victims are successful, they often get meaningful compensation.

Below are some articles on Gender Discrimination & Gender Bias.

Definition: What is Gender Discrimination in the Workplace?

Treating a person unfavorably in the workplace because of their sex is by definition gender discrimination.

It can occur when the person is applying for a job or is already an active employee; neither of which is OK.

Defining workplace gender discrimination in theory might seem straightforward, but in reality it can be a grey area with a lot of subjectivity.

In some respects, what is seen as discriminatory is more a matter of perspective than reality.

In other words, while you may see something as gender discrimination, your colleague may see it as a reasonable action.

This is why at the end of the day, we rely on the courts to determine what is or is not discrimination.

This can make accusations and the handling of gender discrimination allegations challenging to say the least.

Examples of Gender Discrimination & Gender Bias

Gender discrimination and gender bias can manifest in a multitude of ways; some are easily discernible, but some are alarmingly subtle.

Discrimination based on gender is a form of prejudice, which is prohibited under the law, but it often occurs and many employers and employees are ill equipped to handle it. Even victims of it may not be aware they are victims.

What is the EEOC? (click here to learn more)

A search of EEOC Discrimination Cases shows that gender is one of the most common grounds of discrimination.

Below are just some examples of potential gender bias you might encounter in the workplace.

1. Discriminatory Pay

This is one of the more obvious examples of gender discrimination in the workplace, but continues to be a challenge to eradicate from the workplace.

It remains a hot topic in political debates, but women are regularly paid less money to do the same job.

This is particularly evident when it comes to job offers.

Women have been known to get lower offers because employers bank on the fact that they will be less inclined to counter the offer or bargain.

It can also be seen with smaller or less frequent raises.

2. Interview Questions

The interview process should be similar for both genders, but women are frequently expected to field different types of questions.

Women are often asked if they have children or if they intend to have children.

These types of family questions are illegal, and more importantly have no bearing on a person’s ability to do a job well.

However, many employers predicate hiring potential employees on the notion that they might need to utilize maternity leave.

3. Position Bias

Many positions have become synonymous with the gender of a person.

For example, secretaries and receptionists are almost always women.

It should not matter what gender a person is, but instead their qualifications and skill set should be taken into consideration.

The gender that has traditionally filled a position needs to become irrelevant in the hiring process so that all qualified applicants can be considered for the job.

4. Terminations

All too often, terminations are handled with gender bias. It can be especially prevalent in male dominated industries where sexual harassment is not taken seriously.

There are cases of women who have complained about gender bias and found themselves unemployed.

The number of EEOC Wrongful termination settlements provides some indication of the seriousness of the issue.

There are also men who have committed sexual harassment that get a pass from their male superiors.

5. Promotional Bias

Glass ceilings are undoubtedly still a thing in today’s society.

Many women feel that the ladder for them only goes so high in the working world.

There are various reasons for this; having children being the main one.

Increasingly, companies are being taken to task for gender discrimination and victims are finding it easier to have their claims heard and upheld.

If you think you have been a victim of gender discrimination, don’t let fear hold you back.

Gender Discrimination Vs. Gender Bias

Although Gender Bias is often used interchangeably with Gender Discrimination, there is a difference.

Gender Bias is having a preference towards a particular sex. Sometimes referred to as Sex Bias, some people prefer one gender or sex over the other when it comes to social settings or work environments.

You can either be bias towards a particular gender or bias against a gender.

Example: A male could be bias against female co-workers and therefore prefer to work with other males. This bias can lead to gender discrimination if that male is the manager or owner of the organization.

Sex Discrimination in the Workplace

Sex discrimination in the workplace is the same as Gender Discrimination when discussing anti-discrimination and federal civil rights laws within North America.

Female Discrimination in the Workplace

Although this page discusses Gender Discrimination for both males and females, the majority of gender discrimination in the workplace is against females who continue to fight for Equal Pay for Equal Work.

Discrimination against women in the workplace often results in a lower salary when compared to the salary of men doing the same job. This type of discrimination is referred to as wage discrimination which can often be the result of managers having a prejudice against women.

Data & statistics related to women in the workplace: United States Department of Labor

Male Discrimination in the Workplace

Male discrimination in the workplace does occur and can often be the result of a bias towards females or bias against males.

In particular, patients in hospitals, medical offices and nursing homes may have a bias towards female nurses who are often seen as more caring and nurturing.

As a result of this bias towards female nurses, male nurses may not be considered for new positions or work opportunities leading to less training opportunities and career development.

A Literature Review by the Journal of Professional Nursing looked specifically at “Gender Discrimination and Nursing” providing the following conclusion:

There is a need to revise nursing educational programs, at least those that seem gender-biased, in order to provide equal training opportunities to all nursing students, develop a climate of acceptance and empower male nursing students both in the nursing school and clinical field, and thus empower the career development of male nurses.

Both male and female nurses can be the target of bullying by other nurses. Click here to learn how to deal with a nurse bully from an expert in Nurse Bullying, Dr. Renee Thompson (DNP, RN, CMSRN).

_{Source: United States Department of Labor}

How to Prove Gender Discrimination in the Workplace

When it comes to proving an employer intentionally discriminated against an employee based on their gender, there are two types of evidence that can be used to prove it.

Direct Evidence and Circumstantial Evidence

Direct Evidence

Not surprisingly, direct evidence is the most effective way to prove that discrimination took place.

This can include direct statements from managers or supervisors which constitute gender discrimination.

Try to create some kind of paper trail by organizing emails or written information that could be used against the accused.

A great tool like Forensic Notes serves that purpose really well.

It helps if you can clearly highlight some kind of pattern to implicate their biased actions.

How to Prove Gender Discrimination in the Workplace

In order to prove Gender Discrimination, you should following these 5 steps:

1. Use Your Company’s Internal Complaint System
2. Obtain Evidence of Company Awareness
3. Take Note of Witnesses
4. Research the Laws Applicable to Your Situation
5. Seek Legal Advice

For detailed information on the steps for proving Gender Discrimination, follow the steps outlined within our “7 Steps : Proving a Hostile Work Environment” article.

Maintain a Portfolio of your Work

It also helps to maintain a portfolio of your work to demonstrate that the quality of your work has not wavered.

This is especially important when the gender discrimination claim pertains to promotions or hiring decisions that you feel you were passed over for due to your gender.

Circumstantial Evidence

As helpful as direct evidence is when making your case, it can be quite difficult to obtain.

Many superiors in the workforce that engage in gender discrimination are typically sophisticated when it comes to covering their tracks.

Therefore, many employees are forced to rely on circumstantial evidence to create the assumption of discrimination.

Examples to help your case can include, suspicious timing of the adverse action, another group received systematically better treatment and evidence that a less qualified person in a different group received the promotion.

In addition to this, educate yourself about your rights in the workplace, including what discrimination is and how you can fight it.

Sometimes discrimination cases are settled out of court through arbitration or mediation, with the victim getting some undisclosed compensation.

The amount to ask for in discrimination mediation is dependent on the facts of the case of course, but figures for employment discrimination settlement amounts show that compensation can be substantial.

How to Report Gender Discrimination in the Workplace

4 Useful Tips for Reporting Gender Discrimination:

Tip #1. Before Reporting, Evaluate the Situation

Spend some time evaluating the situation as a whole before taking any steps to report the gender discrimination.

If you have any doubts about the situation, or if you are not sure that you are being targeted specifically, find someone to speak with.

Venting or getting advice from a third party that is unaffiliated with your workplace is a good route to choose.

An unbiased assessment may help you get a clear take on things, and perhaps help make the next steps seem less daunting.

Tip #2. Document Everything!

Once you are certain that going forward is the best option, start to document as much as you can as explained above.

Any detail you can recall is worth writing down before you file your official report. Dates, times, emails and locations should all be a part of your documentation of any and all volatile behavior towards you while at work.

Forensic Notes is really useful for doing this, and takes the guess work out of what to store and in what format.

Certainly do not write or type any of this information at work where it could get into the wrong hands unless you are typing it into a secured web application like Forensic Notes.

Tip #3. Determine Who You Should Speak To

If your manager is not the culprit, they should be the first line of defense that you report your gender discrimination accusation to.

But in the event that your boss is the offender, just head straight to Human Resources. The HR department should take reports of this nature seriously.

They need to be aware of gender discrimination to protect against low morale and higher employee turnover rates.

Once you head to HR, present your case in a constructive way instead of whining and complaining.

Remember that there are multiple perspectives to every situation. Be clear, concise and composed during the meeting.

Can I Sue for Gender Discrimination in the Workplace?

Employees can sue for Gender Discrimination in the workplace. However, despite gender discrimination laws, discrimination in the workplace remains quite common.

Increasingly, so are lawsuits to fight against such gender discrimination and when victims are successful, they often get meaningful compensation.

To be successful in their claim, employees should keep detailed records of any instances of gender discrimination to serve as proof and follow human resource guidelines if available.

Tip #4. No Resolution? Seek Legal Advice

Lastly, if your company resolution system does not work, speak to a lawyer, the Equal Employment Opportunity Commission (EEOC) or other knowledgeable person who can help you.

Give them all the information they need in order to help you.

Recent Examples of Gender Discrimination in the Workplace

Gender discrimination has held many people back from fulfilling their career ambitions despite possessing the same ability to perform and succeed in their endeavors as counterparts of the opposite sex.

A search of EEOC Discrimination Cases shows that gender is one of the most common grounds of discrimination in the workplace.

There are various laws to protect employees against discrimination on the basis of their gender.

These laws make it illegal to discriminate within the various forms of compensation, such as salary, bonuses, profit sharing, stock options, vacation time, life insurance, holiday pay reimbursement policies and any other benefits offered.

The aim is to ensure that the same establishment pays men and women equally for the same amount of work.

Focus is on the content of the job and not the title when determining if gender discrimination has taken place.

Despite these laws, however, gender discrimination in the workplace remains quite common.

Increasingly, so are lawsuits to fight against such discrimination and when victims are successful, they often get meaningful compensation, sometimes through discrimination lawsuit settlements.

Below are some articles on gender discrimination.

They describe some of the EEOC Discrimination Settlements that have been reached.

1. Ruby Tuesday to Pay $100,000 to Settle EEOC Sex Discrimination Lawsuit

The EEOC filed a lawsuit against Ruby Tuesday that ended with the restaurant chain paying $100,000 and being forced to implement preventative measures in regards to gender discrimination.

The federal agency took issue with two male employees being denied the opportunity to work as servers in one of their busy resort town locations back in 2013.

Ruby Tuesday posted an internal announcement that said only females should be considered for the position.

The company defense said it simplified the concerns of having to house both genders in company provided housing.

However, these two males were denied the chance to be considered for the resort position solely based on their gender.

2. Microsoft Hit With Gender Discrimination Suit

Microsoft was hit with a lawsuit filed by a former female employee who claimed gender bias was prevalent at the company.

According to her, women at the company were being paid lower salaries and were not being given promotions.

The plaintiff worked with the tech giant for over seven years.

Her allegations claimed that Microsoft was paying equally qualified female technical employees less than similarly qualified men.

Furthermore, she argued that equally qualified men were being promoted over female workers, and women were regularly getting less favorable reviews.

These allegations were brought forth just a year after Microsoft CEO publicly expressed that he felt women in technology should not be asking for raises.

3. Harley Davidson Dealership to Pay $55,000 to Settle EEOC Sex Discrimination and Retaliation Suit

The Dudley Perkins Company, the oldest Harley Davidson motorcycle dealership in the US, agreed to pay $55,000 and furnish other relief to settle a sex discrimination and retaliation lawsuit filed by the EEOC.

The EEOC’s suit charged that the San Francisco-based company refused to let a female employee work as a mechanic, while hiring less qualified men.

Further, the EEOC said, Dudley Perkins fired her after she filed an EEOC sex discrimination charge.

4. Chipotle Ordered to Pay $600,000 in Gender Discrimination Lawsuit

Fast casual restaurant chain, Chipotle, was ordered to pay three former general managers $200,000 each after a federal grand jury found that the women were discriminated against and fired because of their gender.

They felt they were all wrongfully terminated from locations labeled as low-performing restaurants.

Their former manager, a male, supposedly treated male general managers better, and the company did not adhere to the Family and Medical Leave Act.

These women did receive similar or better performance evaluations while they were active employees.

The plaintiffs felt the former area manager was sexist, especially when he said, “There sure are a lot of overweight women working here,” and “you’re too emotional”.

However, the defense claimed that these women were fired solely due to poor performances.

5. FedEx Pays over $3.2 Million to Female Truck Driver for Sex Discrimination, Retaliation

The EEOC and a female plaintiff filed a lawsuit against Federal Express Corporation for violating Title VII of the 1964 Civil Rights Act, and intentionally causing emotional distress.

She filed the lawsuit in 2002 when she was the only female tractor-trailer driver at a particular company facility.

In addition to the discrimination, she was subject to retaliation for speaking up while still on the job.

The plaintiff complained of frequent anti-female remarks and threats from her male co-workers.

Upon voicing her disgruntlement, the brakes on her truck were tampered with, and she was refused help with loading the truck.

Ultimately, the courts sided with her awarding her 3.2 Million in compensatory and punitive damages.

Will you be able to PROVE that the discrimination took place?

Timestamping Authority (TSA)

by robAdmin November 4, 2018October 21, 2019

Forensic Notes proudly uses DigiStamp as our
trusted & independent Timestamping Authority (TSA)

DigitStamp generates RFC 3161 Timestamps which are
trusted by global banks and governments throughout North America

RFC 3161 Timestamp

The RFC 3161 Protocol states that a trusted timestamp is a timestamp that should be issued by a Trusted Third Party (TTP) acting as a Timestamping Authority (TSA). The Timestamp proves that data (files, text, etc.) existed before a particular time.

Forensic Notes proudly uses DigiStamp as its Trusted Third Party Timestamping Authority (TSA).

Timestamps are generated in 3 easy steps…

1. A Hash is generated from your note and attachments

The note and attachments you enter within the Forensic Notes application is analyzed by a hashing algorithm which generates a SHA-2 Hash (digital fingerprint). This SHA-2 Hash uniquely identifies your note and attachments.

Hashing – What is it?

A SHA-2 Cryptographic Hash is a one-way encryption algorithm which cannot be decrypted into the original string or document. Cryptographic hashes are sometimes referred to as a Digital Fingerprint. A Cryptographic Hash is a one-way encryption algorithm which cannot be decrypted into the original string or document. Cryptographic hashes are sometimes referred to as a Digital Fingerprint.

Video Source: https://www.professormesser.com/

2. The SHA-2 Hash (digital fingerprint) is sent to our Trusted Timestamping Authority (TSA)

Digital Timestamp Certificate (RFC 3161) is a document that shows the date and time when the timestamp was created and the associated Hash value (digital fingerprint) of your document.

NOTE: Only a cryptographic one-way hash of your document is sent to the Trusted Timestamping Authority (TSA) which does not allow reverse decryption of your document. Your original document remains securely stored on Forensic Notes servers and is never transmitted.

3. The TSA sends back the Digital Timestamp Certificate (RFC 3161) to Forensic Notes

The Digital Timestamp Certificate (RFC 3161) is then stored along with your original note and attachments, encrypted within the secured Forensic Notes database. When your note and attachments are combined with this Digital Timestamp Certificate, you have what we call a Forensic Note!

Long Term Archiving (LTA)

Forensic Notes takes this process one step further…

To ensure your documents are accepted in the courts now and into the foreseeable future, Forensic Notes will further encapsulate your existing Digital Timestamp Certificates with newer timestamps as technology advances or if your timestamp is set to expire. This Long Term Archive (LTA) feature will allow Forensic Notes to preserve any kind of electronic file indefinitely. Integrity is accomplished through protection measures based on logical timestamp chains.

Forensic Notes does everything it can to ensure the information and documents you trust within the Forensic Notes’ system can be trusted within the courts now and into the foreseeable future.

DigiStamp TSA – Details

Forensic Notes uses DigiStamp as its Trusted Timestamp Authority (TSA) partner. DigiStamp has been operating in Dallas, Texas since 1998 with Timestamp servers in both Dallas and Chicago.

DigiStamp works with global banks, governments and biotech’s who utilize DigiStamps services to ‘notarize’ their electronic documents.

DigiStamp has issued millions of timestamps since its inception and not a single timestamp has ever been challenged as a result of adherring to the strict standards set out within RFC 3161.

Certified Hardware

DigiStamp uses Hardware Security Modules (HSMs) which are FIPS 140 Level 3+ certified. DigiStamp’s data centers are SOC-1 SSAE 16 certified.

Physical Security

DigiStamps server locations are physically protected from unauthorized access.

Logical Security

The IBM Timestamp Servers have been specifically designed to detect any attempts to tamper with the equipment. If tampering is detected, the servers automatically stop issuing further timestamp certificates.

Failsafe & Reliable

DigiStamp Timestamp Servers have been in existence since its inception with nearly 100% uptime while issuing millions of Digital Timestamp Certificates.

High Availability

Redundant, geographically separated servers are used to ensure high availability of DigiStamp Timestamping Service. In the event of a server being temporarily unavailable, Forensic Notes will automatically failover to another server.

Secure and Reliable Time Sources

DigiStamp Timestamp Servers use an internal clock which cannot be adjusted more than 50 seconds in any twenty-four hour period in order to achieve +/- 1 second accuracy. Every adjustment made is logged and signed with the TSA’s audit certificate. Clock settings use a variety of sources including multiple UTC sources provided by NIST and the USNO which are further confirmed against EU-trusted sources.

What this means for you, as a client of Forensic Notes, is a system which is secure with built-in data redundancies,andirrefutably accurate within criminal and civil court.

Understanding the Timestamping Process

* Image courtesy of DigiStamp

To view a detailed explanation as explained by DigiStamp, visit:

How a Digital Timestamp Works

Notes:
1) Timestamping is often written as Time Stamping
2) Timestamp is often written as Time Stamp

For consistency, Forensic Notes will attempt to always use Timestamp and Timestamping instead of Time Stamp and Time Stamping.

Security & Data Encryption

by robAdmin November 4, 2018July 18, 2022

Forensic Notes is highly integrated with
Microsoft Azure, a leader in online secure hosting which meets a broad set of international and industry-specific standards

Security is not a product, but a process. It’s more than designing strong cryptography into a system, it’s designing the entire system such that all security measures, including cryptography, work together.

– Bruce Scheiner – Security Guru

Security Overview – Forensic Notes are:

- Encrypted with a unique 256-bit symmetric key
- Decrypted by utilizing Azure Key Vault HSM in a two-step decryption process
- Encrypted at rest via SQL Transparent Data Encryption (TDE)
- Secured from unauthorized access via Multi-Factor Authentication (MFA)

Digitally Signed upon creation
Timestamped by a trusted Timestamping Authority (TSA)
Transported only through encrypted communication tunnels
Hosted on Microsoft Azure which meets a broad set of international and industry-specific compliance standards including ISO, HIPAA, FedRAMP and is FIPS 140-2 compliant *

Forensic Notes does NOT:

Store user passwords (stored by Microsoft Azure B2C Active Directory)
Store credit card information (payment processing and storage handled by PayPal)
View your Forensic Notes
Sell your information
Include any in-app advertising

* Disclaimer: Forensic Notes makes no claims to being ISO, HIPPA, FedRAMP of FIPS 140-2 compliant.
Microsoft Azure meets a broad set of international and industry-specific compliance standards

How Does Forensic Notes Secure Your Private Information?

Complex Password Requirements

Using a simple userID and password to authenticate to an application has not been considered best practice for several years. Most users create passwords that are guessed easily or can be brute-forced with little effort. For a password alone to be considered reasonably strong, there needs to be at least 15 characters with a combination of upper case letters, lower case letters, numbers and special characters. Few applications require their users to meet such a stringent standard since users will quickly protest over this requirement.

Multi-Factor Authentication

Forensic Notes recognizes that a truly strong password policy can adversely impact the usability of the site. Instead, we leverage the Multi-Factor Authentication (MFA) option provided natively by Microsoft Azure. Registered users who correctly authenticate through their userID and a strong password will receive either a voice call or an SMS message to the mobile phone registered to their Forensic Notes profile. When they correctly respond to this challenge, they will be allowed access to the Forensic Notes application.

If the user does not have possession of the authentication device (ie: cellphone), then access will be denied.

Document Integrity — Timestamped Documents

Document Integrity

When presenting your Forensic Notes within a civil or criminal case, it’s critical to prove the sequence of events and when an entry was made to the case file. Forensic Notes recognizes this need and uses a trusted third party service to timestamp each entry.

All entries, uploaded documents, and files are stored in read-only format. This reduces the opportunity for data corruption and improves the integrity of the notes and files over the long term.

RFC 3161 Compliant Timestamps

Time stamps are RFC 3161 compliant. This means that your Forensic Notes are validated with a timestamp standard accepted throughout the Industrialized World. This allows you to demonstrate to the courts, or whatever authority you are testifying before, that your Forensic Notes were made at a particular time and that the notes have not been modified surreptitiously.

For more information on our trusted Timestamping Authority (TSA), view the Timestamping Authority – TSA page.

Forensic Notes is employing all best practices in securing their application and the data that exists within it.

– Mike Parsons – Security Evangelist and Mentor

Protecting the Confidentiality and Integrity of your Forensic Notes — Encryption Keys Stored in Azure Key Vault HSM

Saving your Forensic Note

The Forensic Notes application ensures that all communication between the client’s device and the Forensic Notes server is encrypted via an Extended Validation (EV) TLS/SSL certificate. Each Forensic Note is encrypted with a unique 256-bit symmetric encryption key prior to being stored within SQL Server. This unique encryption key is known as a Content Encryption Key (CEK).

After the CEK is generated, it is transmitted to the Azure Key Vault HSM which then encrypts the CEK using the public key of a 2048-bit asymmetric encryption key. This asymmetric encryption key is known as the Key Encryption Key (KEK). The KEK is created within the Azure Key Vault HSM which ensures that the private key required for decryption can never be viewed or exported for use in other applications. As a result, all decryption of CEK’s must occur within the HSM.

Finally, the encrypted CEK is then returned to the Forensic Notes server where it is stored securely for future use within the SQL Server.

Symmetric vs. Asymmetric Encryption

Symmetric Encryption utilizes a single encryption key for both encryption and decryption.

Asymmetric Encryption, commonly known as Public Key cryptography, utilizes a private and public key.

Video Source: https://www.professormesser.com/

Viewing your Forensic Note

When a user accesses their data within the Forensic Notes application, the encrypted note and any associated attachments the user had added previously are decrypted by a two-step process. First, the Content Encryption Key (CEK) that is required to decrypt the user’s data must first itself be decrypted. The encrypted CEK is sent securely to Azure Key Vault HSM to be decrypted by the asymmetric KEK’s private key. Once decrypted, the symmetric CEK can now be used to decrypt the data associated to the Forensic Note.

Each Account can have a unique* KEK protected by the Azure Key Vault HSM that is used for the CEK encryption / decryption process.

Note: See “Saving your Forensic Note” above for further technical details regarding the CEK and KEK

Client Managed Encryption Keys

Enterprise clients are able to setup and manage their own Key Encryption Keys (KEK) within Azure Key Vault which allows the administrator to provide and deny access as they deem appropriate to the Forensic Notes application. Revoking access to the KEK would deem all Forensic Notes saved within that specific account unusable as there would be no known way to decrypt the information.

* Separate encryption keys are only included with select accounts. All other accounts utilize a common shared encryption key which is stored within Azure Key Vault HSM.

Protecting the Database — Multiple Layers of Encryption & Security

Data at Rest

Forensic Notes uses Transparent Data Encryption (TDE) and the Azure SQL Database managed service. The Azure SQL Database managed service creates a unique certificate for every database instance. These certificates are recycled at least every 90 days to keep in line with security best practices. The certificate is protected by a different key for each server.

Data at rest is protected by at least two layers of cryptographic services. The application encrypts data, documents and files as they are written to the database instance in the Azure SQL Database service. Additionally, the database instance is protected by a unique key on the database server. This, in turn, is protected by the server certificate.

Azure Key Vault Security

As indicated earlier, the Key Vault addresses key management as if it were a Cryptographic Service Provider. Access to the Key Vault and the HSM components are carefully controlled using multi-factor authentication, frequent changes in passwords, and four eye control where two security administrators must be present to conduct maintenance or administration of the Key Vault and its component Hardware Security Modules (HSM). This reduces the complexity and risk generally associated with Key Management. As a callable service, use of the Key Vault allows for future distribution of the application and its managed database services across a wide geographic area.

Finally, keys are replaced on a regular basis according to industry best practices

Secure Communication from Keyboard to Database — Encrypted Transmission of Data

Encrypted Channels of Communication

From the moment you access the Forensic Notes application, your data travels in an encrypted path protected from unauthorized viewing. The session with Forensic Notes is protected through Transport Layer Security (TLS) which replaced SSL in most current browser versions and web hosting software. Both TLS and SSL use public/private key (asynchronous) encryption.

Once inside the Azure environment, Microsoft leverages its extensive experience in building and running some of the world’s largest online services to protect communications between the components of the infrastructure. While details of their specific configuration are proprietary, best practices require them to use IPSEC VPNs using synchronous encryption with key lengths of AES 256 or stronger.

Azure Penetration Testing & Audits

Additionally, as an enterprise-class service provider that supports both commercial and government clients, Azure is continually monitored and reviewed by third parties to assure the Azure customer base that Microsoft is meeting all standards in protecting their data and communications. This continual monitoring includes regular threat assessments, vulnerability reviews, and penetration testing.

The Microsoft Azure environment is compliant with over 20 different standards, both industry and government, that are required by different countries and organizations around the world. These standards are listed at https://www.microsoft.com/en-us/trustcenter/compliance/default.aspx.