How to Avoid a Bias or Retaliation Claim

Do you think your company is immune to gender bias, discrimination, and harassment claims? Think again. There are simple ways your company can take from common issues that lead to costly harassment in the workplace lawsuits and also avoid bias claim.

What are bias and discrimination claims?

When an employee feels as though another employee is treating them in a biased way, they can submit a bias claim. When an employee, who a claim is against, is being discriminatory towards the person who made the claim, the person can submit a retaliation claim against the other employee.

Speaking of gender bias in the workplace, recent high profile cases show examples of how NOT to handle internal conflict. The two sides typically both feel they are doing the right thing and, to prove it, they are willing to take on an expensive lawsuit and a PR nightmare. If only the businesses had stronger, more developed workplace skills from the start, they could have avoided prolonged and costly litigation fights.

Bias and Retaliation Claims | Avoid Bias Claim

Best practices to help you stop discrimination in the workplace

1. Think like an outsider

Most people are so wrapped up in the details and specific personalities at issue that they often neglect to take a few steps back and look at a situation from an outsider’s perspective. Using a neutral perspective, free from office politics, personality conflicts, and other subjective feelings, you can better evaluate the situation without bias and come to a more accurate assessment. You always want to use an outsider’s perspective when tackling and documenting promotions, performance reviews, and internal communications. The better you are at adopting this perspective, the better protected you and your employees are from having to deal with an unnecessary and costly workplace lawsuit or claim.

2. Handle workplace romance with care

While some employers prohibit dating between supervisors and employees or between co-workers, and while others provide no restrictions on fraternizing, mutually consensual workplace romances should not disrupt or negatively impact the work environment.

Maintaining respect of and privacy among the workforce is essential to a professional work environment. Thus, no favoritism should be given on account of a special relationship; and no retaliation should be meted out for a romance that has gone sour. Even if all seems above board, beware that the perception of favoritism or retaliation can develop and be just as harmful in the workplace.

Should discrimination, harassment or retaliation occur as a result of workplace romance, the assistance of a human resources professional or a trusted supervisor may be necessary. Know the internal grievance procedure and take appropriate steps to resolve the problem.

3. Inappropriate off-duty conduct can lead to workplace issues

People often assume (incorrectly) that if something happen off-hours or outside the workplace, it would not be a workplace concern. If a situation involves people who work together and is likely to impact their working relationships, it can be a workplace concern. No matter where conduct occurs, if co-workers are involved, take great care to ensure that communication is handled in the same manner as it would be in the office.

4. To avoid a retaliation claim, consider how your actions might be interpreted

Retaliation claims are your worst enemy. These types of claims are more successful than the underlying bias claims. Even when the bias claim fails, the retaliation claim often succeeds. We all know how difficult it is to work with someone who has complained about you or your company, but it is important for you to remain as objective as possible. Regardless of whether the complaint has merit, you need to run your actions and communications through a filter and consider whether they might be interpreted as retaliation. If you must act, clearly document the reason for the action in a manner that is supported by legitimate, objective business reasons. Stay away from subjective reasons that are easily disputed and can be perceived as retaliatory.


You can avoid most workplace claims and litigation if you take some time to analyze the situation and handle workplace issues proactively and strategically. Use the above guidelines to develop your own workplace skills, and if you need tailored best practices, don’t hesitate to reach out and ask one of our experts at

Want to increase compliance engagement and reduce claims? Request a demo of our newly updated Preventing Workplace Harassment course. 

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Phyllis Cheng
Employment Law Expert

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