One of the biggest challenges for any workplace investigator is dealing with their own bias. While biases are thoughts we humans naturally hold, an investigator’s bias can unfairly impact investigation outcomes. This issue becomes clear when personal relationships and professional duties collide. For example, imagine this: You are the only investigator at your company and have been asked to investigate longtime chief strategy officer Kimberly who has been accused of bullying and misusing company property. The complication? Kimberly is your friend whom you have known for 20 years, and you do not believe that she committed the conduct. This scenario contains an ethical dilemma. On the one hand, your close relationship and preconceived ideas about Kimberly’s behavior could impact how you collect and evaluate the evidence. Ideally, you should withdraw from the investigation. On the other hand, practical constraints – like the lack of alternate investigators or company resources – may make you the only option. This is why recognizing and countering bias is a critical investigative skill.

Bias is when we have a preference or think a certain way, which can lead to the wrong conclusion. We have preferences – for certain friends, sports teams, or ideas. But when our preferences influence our judgment, they become biases. Biases can be explicit (knowing, conscious) or implicit (unknowing, unconscious). In Assembly Bill 242 (2019), the California Legislature found that everyone has implicit biases. The Legislature defined “implicit bias” as “positive or negative associations that affect [one’s] beliefs, attitudes, and actions towards other people.” Biases can lead to flawed conclusions and can severely discredit a workplace investigator’s findings. 

So now that we know why bias matters, here are some strategies and tools to help you reduce bias in your investigations.

Contrary evidence. This is the most important. Test evidence you believe supports your finding by considering contrary evidence. During an investigation, actively look for witnesses, documentation, and other evidence opposing your interpretation of evidence. 

Tip: When you write investigation reports, include a discussion analyzing the contrary evidence and explaining why you gave such evidence little or no weight. One feature of a thorough investigation is a report that contains evidence from both sides.

Self-awareness. An important step in countering bias is acknowledging that we are not immune from it and recognizing when it influences our judgment. Self-awareness allows us to deliberately implement processes to protect the investigation from bias. When we are self-aware, we move toward making fair and sound investigative findings. 

Another set of eyes. Unlike the scenario, and if you have resources, ask a colleague to review and scrutinize your findings. Because someone else is unlikely to hold the same biases, peer review can be a great resource for reducing bias in investigations. Knowing that a colleague will review your findings creates accountability encouraging a more logical thought process and conclusion.

By Jasmin E. Darron, Attorney, Consultant, Trainer, and Workplace Investigator

This information is for educational purposes only, is not intended to be legal advice, and it does not create an attorney-client relationship with you or Darron Law Corporation.