Across the international higher education sector, existing studies highlight that student evaluations of courses and teaching are biased and prejudiced towards academics and can cause mental distress. Yet student evaluation data is often used as part of faculty hiring, firing, promotion, award and grant decisions. That a data source known to be prejudiced and biased is used for employment and career decisions raises questions around whether these university policies are discriminatory towards university staff. This paper investigates these questions "via" an analysis of: a) what are the common university policies relating to evaluation data collection and its use, b) are these policies leaving academics exposed to discrimination, and c) what types of policies may be leaving universities liable to legal ramifications due to non-compliance with anti-discrimination and workplace health and safety laws? The work demonstrates why most institutions are operating outside the bounds of the law, highlights to academics what types of policies may fail to meet discrimination and workplace laws, and informs university leaders of the actions that may be exposing their universities to legal implications for failing to protect their staff.