Employees who perceive negative ratings to be the result of evaluator bias may make a claim of discrimination. Valid and reliable assessment instruments are the essential first step in capturing accurate, objective data in evaluating performance. Procedural due process guarantees employees fair and equal treatment through procedures prescribed by law. Substantive due process is designed to protect employees from discriminatory, arbitrary, and unreasonable acts from supervisors.

Due process procedures for dismissal usually include notice of dismissal by a specific date, a specific list of reasons for the action, and the opportunity for a hearing to discuss the reasons listed. Substantive due process procedures are more difficult to ensure. In substantive due process, the courts have not set guidelines that are as clear as those for procedural due process, and decisions are often made on a case-by-case basis. Because substantive due process involves individual and state interests, courts seek a balance between them when investigating.