Unconscious Bias: The Silent Saboteur in POSH Inquiries

Every POSH (Prevention of Sexual Harassment) inquiry demands fairness, empathy and neutrality. But even the most experienced investigators can carry unconscious biases that silently influence how they interpret facts, assess credibility and make decisions.

Unconscious biases are not always malicious. In fact, they’re not even conscious. But when left unchecked during POSH investigations, they can distort facts, cloud judgment, and compromise justice.

What Is Unconscious Bias?

Unconscious (or implicit) bias is the brain’s automatic way of forming opinions about people based on limited information - without our awareness. These snap judgments are shaped by our culture, upbringing, media exposure, social narratives, and past experiences.

In the context of POSH inquiries, this becomes especially dangerous, because it can quietly undermine objectivity when fairness is most needed.

Biases That Commonly Affect POSH Inquiries

1. Affinity Bias

Favouring someone who feels “like us” - similar background, gender, language, or social behavior.

“I’ve worked with him for years; I trust him more.”

2. Confirmation Bias

Seeking only the information that confirms what we already believe.

“She’s emotional — this complaint fits her pattern.”

3. Halo Effect

Allowing one positive attribute (like performance or likability) to influence the judgment of unrelated behavior.

“He’s one of our top performers – He is not just that type; I can’t imagine him doing this.”

4. Groupthink

Agreeing with the dominant opinion in the group, even if you have doubts - to avoid conflict.

“Everyone else thinks it’s not serious. Maybe I’m overthinking.”

5. Gender Bias

Holding stereotypical beliefs about how men or women should behave or react in certain situations.

This is particularly relevant in POSH cases and often goes unnoticed:

• Assuming men can’t be victims of harassment, or if they are, they should just “deal with it.”

• Judging women as “too sensitive”, or assuming they are exaggerating or misinterpreting behaviours.

• Expecting men to be dominant and women to be accommodating, which distorts perception of boundaries and agency.

Gender bias doesn’t just influence the verdict, it shapes who we believe, how we listen and what we dismiss.

The Real Impact of These Biases

Unconscious bias in a POSH inquiry can:

• Invalidate a survivor’s experience if they don’t "act like a typical victim."

• Overprotect the accused based on their gender, performance, or reputation.

• Skew credibility assessments, especially in he-said/she-said scenarios.

• Erode organizational trust, especially when the process feels skewed or performative.

When gender bias is at play, victims are often discredited, blamed or doubted, especially if they don’t conform to stereotypical gender behaviour.

How to Reduce Unconscious Bias During POSH Inquiries

Internal Committee (IC) members can:

1. Recognize Your Own Biases

Self-awareness is the foundation of fairness. Acknowledge that we all have biases - what matters is managing them.

2. Challenge Stereotypes

Avoid default thinking like:

• “She’s overreacting — she’s always emotional.”

• “He’s too senior or respected to do something like that.”

3. Stay Fact-Focused

Focus on what happened, how it impacted the person, and what evidence supports the claims. Avoid assuming intent based on personality.

4. Be Gender-Neutral in Assessments

Understand that harassment is about impact, not intent or identity. Men, women and non-binary individuals can be harassed and can harass.

5. Encourage Diverse Perspectives in the Committee

Diversity in the POSH committee helps counterbalance individual biases.

6. Get Regularly Trained

Workshops on unconscious bias, gender sensitivity and trauma-informed inquiry approaches help.

A Quick Self-Check for IC Members

• Am I dismissing someone based on how they “present” their case?

• Am I letting reputation outweigh facts?

• Would I respond the same way if genders were reversed?

IC members stay competent and conscious.

Final Thoughts

Unconscious bias may not be visible, but its effects are deeply felt especially in the sensitive terrain of POSH investigations. Whether it is gender bias, halo effect or affinity bias, each one can quietly steer decisions away from fairness.

POSH committee members, HR professionals or workplace leaders, carry the responsibility to ensure that their judgments aren’t filtered by stereotypes but guided by empathy, equity and evidence.

Unconscious bias is not a flaw - it’s a human tendency. But in the context of POSH, we must rise above instinct and act with awareness and wisdom.