Many organizations assume they are protected from gender bias, discrimination, and https://www.eeoc.gov/harassment. However, the reality is that even well-intentioned companies can face costly workplace lawsuits. Fortunately, proactive strategies can help prevent these harassment claims and foster a more inclusive and respectful work environment.
Understanding Bias and Harassment Claims
Bias claims arise when an employee believes they are being treated unfairly due to personal characteristics such as gender, race, or age. If an employee facing a bias claim retaliates against the accuser, this can escalate into a retaliation claim—one of the most common and successful workplace lawsuits.
Recent high-profile cases underscore the importance of handling workplace conflicts effectively. In many instances, both sides believe they are acting justly, yet the absence of structured workplace policies and training often leads to prolonged legal battles and reputational damage. Investing in strong workplace skills from the start can help businesses avoid these costly pitfalls.
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.
Best Practices to Prevent Workplace Discrimination and Bias
1. Adopt an Outsider’s Perspective
When assessing workplace issues, take a step back and view the situation from a neutral, outsider’s perspective. This approach removes office politics and personal biases from the equation, enabling fairer decision-making. Whether conducting promotions, performance reviews, or internal investigations, objectivity is key to protecting your company and employees from unnecessary claims.
2. Handle Workplace Romance with Care
Workplace relationships can create challenges, particularly if favoritism or retaliation—real or perceived—comes into play. Companies should establish clear policies that outline expectations for professional behavior while respecting employees’ rights to personal relationships. If a workplace romance leads to allegations of harassment or discrimination, HR professionals and trusted supervisors should step in to address concerns through the proper grievance procedures.
3. Recognize That Off-Duty Conduct Can Impact the Workplace
Workplace conflicts don’t always originate in the office. If an off-duty incident between colleagues affects their professional relationship, it becomes a workplace concern. Ensure that communication and behavior—whether in the office, at company events, or online—align with workplace policies and uphold a culture of respect.
4. Prevent Retaliation Claims by Evaluating Your Actions
Retaliation claims are among the most common and successful workplace lawsuits. Even if an initial discrimination or bias claim lacks merit, a poorly handled response can lead to a costly retaliation lawsuit. To avoid this:
- Stay objective when managing employees who have filed complaints.
- Ensure any employment decisions are based on legitimate business reasons.
- Document all actions thoroughly, relying on objective criteria rather than subjective reasoning.
Building a More Inclusive Workplace
Preventing workplace bias and discrimination requires a proactive approach. By implementing the best practices outlined above, you can cultivate a fair and legally compliant workplace culture.
Want to improve workplace compliance and reduce harassment claims? Request a demo of our Preventing Workplace Harassment course today.