Sink retaliation claims by engaging an outsider to investigate bias complaints.

Using an outside entity to investigate internal discrimination or harassment complaints helps prevent retaliation lawsuits. That's because there's no reason for an outside investigator to take sides in the outcome.

Recent case: Kathy worked in IT management at Skidmore College in New York. Leon, another IT employee, complained to HR that Kathy was racially biased against him. Shortly after, Kathy submitted her own complaint, claiming Leon and their supervisor discriminated against her on the basis of sex. The college hired an outside investigator to look into both complaints.

The investigator concluded that neither Leon nor Kathy were the victims of discrimination. But she also determined much of what Leon complained about amounted to bullying by Kathy. The report described Kathy as a poor manager with a "history of subjecting certain of her employees to her wrath for unknown reasons."...