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1 Implicit Bias Acknowledgement: The outline for this presentation was developed by:

2 2 Starr Rayford Leslie Richards-Yellen

3 3 Definition Implicit: means that we are either unaware or mistaken about the source of the thought or feeling.

4 4 Warning: You will feel a bit uncomfortable – go with it Notice your defensiveness and accept discomfort of unlearning and relearning Keep an open mind and listen first

5 5 Goal: 1.Think about adopting personal strategies to diminish your personal bias

6 6 Our Personal Experiences with Bias Personalize by having panelists tell short story that demonstrates how bias exhibited by another affected their prospects or how bias they exhibited affected others

7 7 Am I biased?

8 8 Yes Whether we are female/male, affluent/not affluent, black/white/Hispanic/Asian/Native American/immigrant, gay/straight, disabled/abled, older/younger

9 9 Examples of Automatic Attitude Directed Toward Social Group Standing Distance Eye Contact Judgment of Facial Expression Speaking Time



12 12 How do I measure my biases?

13 13 Take the IAT Implicit Association Test Race IAT Race IAT Gender – Science IAT Gender – Science IAT Age IAT Age IAT Weight IAT Weight IAT Gender IAT Gender IAT

14 14 The IAT Measures implicit reasoning Asked to categorize information quickly Calculates reaction time in milliseconds Calculates accuracy Statistically, speed and accuracy difference meaningfully reflects your cognitive process IAT is an empirical tool to measure bias

15 15 Examples of IAT Utilization in Legal Research Guilty/Not Guilty IAT – people implicitly associate Black people = guilty Level of implicit bias predicted the way people evaluated evidence in a criminal trial Unarmed Black men are more likely to be shot than unarmed white men. Low income members of society are frequent targets of discrimination.

16 16 How does bias affect the objects of bias and general culture?

17 17 Classic social psychology research shows people allocate more resources and report more positive attitudes toward in-group members even when people are randomly assigned to meaningless groups.

18 18 Most White Americans Respond faster on IAT when “African American” and “bad” are paired than when “African American” and “good” are paired, reflecting more negative automatic associations with African Americans relative to whites

19 19 Study: IAT and Immigration Policy Judgments (Lopez 2010) Are immigration policy judgments (e.g., anti-immigration sentiment) shaped by – Politics? Politics? Intolerance towards foreigners? Intolerance towards foreigners? Negative attitudes towards Latinos/Latino immigrants? Negative attitudes towards Latinos/Latino immigrants?

20 20 Testing “Boys are Better” Stereotype Scenario 1: Female science majors see video of conference with 75% male participation Scenario 2: Video shows conference in which participants are gender balanced

21 21

22 22 Women Involved in Scenario 1: Felt less “belonging” Less desire to participate Experience more psychological markers related to stress

23 23 Familiarity Reduces Sexual Orientation Bias High-contact: People with GLBT friends or family members tend to show less bias against them, both overtly and in implicit bias tests Low-contact: After viewing photos and biographies of famous GLBT individuals, their implicit bias scores were not significantly different from the high-contact group.

24 24 Ways to Combat Hidden bias Reframe the conversation Focus on fair treatment and respect Focus on fair treatment and respect Support projects that encourage positive images instead of stereotypes Studies show positive images of specific groups of people can combat hidden bias Studies show positive images of specific groups of people can combat hidden bias

25 25 Rethink Your: Resistance to Change Tolerance for Inequity

26 26 Less Biased People Have a Complex or Conflicted Stance as they Harbor Some Degree of Automatic Bias Along with an Explicit Commitment to Egalitarianism

27 27 DON’T: Accept automatic responses as valid and use them to guide judgment Justify any automatic response as a basis for judgment

28 28 DO: Be suspicious of automatic responses - suppress, change or modify explicit judgment Try to override automatic reactions in favor of egalitarian explicit responses

29 29 Over Time Practice replacing bias with judgments that conform to explicit values Develop strong motivation to avoid prejudice Practicing equalitarian responses will reduce implicit preference to high status groups Change mindset followed by behavioral change Be willing to reject automatic preference

30 30 What can I do about an automatic preference that I would rather not have? Good news is that preferences are malleable Seek experiences that can undo or reverse the patterns of experience that created it Read or see information that opposes the implicit preference Interact with people that provide experience that counter the preference Remain alert to the implicit preference and recognize that it may intrude into your judgments and actions Embark on consciously planned actions to compensate for know implicit preferences

31 31 See the Squirrel and the Swan

32 32 References 1.Adams, John S. “Federal judge admits he sent anti-Obama, racist ” USA TODAY March 1, 2012 Web March Couch, Aaron. "Implicit attitudes: How children develop biases about race." June 27, 2007 Web. Aug Diaz, Luis J. and Dunican Jr., Patrick C.. "Ending the Revolving Door Syndrome in Law." Seton Hall Law Review Vol. 41: , “Explicit Evidence on the Import of Implicit Attitudes: The IAT and Immigration Policy Judgments,” Polit. Behav. (2010) 32: Fisher, Anne. "Piercing the 'bamboo ceiling'" CNN Money, Aug. 22, 2005 Web. Sept Foley, Ryan J. “Denied jobs, blacks in Iowa test new bias theory” The Associated Press, Feb. 17, 2012 Web. March Gordon, Rebekka Althouse, Ph.D. "The relationship between valuing diversity and implicit racial bias: A construct validation study." ProQuest Dissertations and Theses Web. Aug. 2011

33 33 8.Hamermesh, Daniel S. "Ugly? You May Have a Case" The New York Times, Aug. 27, Web. Sept "Hiring." American Values Institute, n.d. Web. Sept ILLP Review 2011: The State of Diversity and Inclusion in the Legal Profession 11.Jolls, Christine and Sunstein, Cass R.. "The Law of Implicit Bias." California Law Review Vol. 94: , Kang, Jerry, Dasgupta, Nilanjan, Yogeeswaran, Kumar and Blasi, Gary L., "Are Ideal Litigators White? Measuring the Myth of Colorblindness." UCLA School of Law Research Paper No ; CELS 2009 Annual Conference on Empirical Legal Studies Paper. July 31, 2009 Available at SSRN: 13.Kang, Jerry. "Comment on Uhlmann, Poehlman, and Nosek." Correlates and Causes of Ideology pp , Aug. 2011, n.p. 14.Kang, Jerry. "Implicit Bias – A Primer for Courts." National Center for State Courts; Prepared for the National Campaign to Ensure the Racial and Ethnic Fairness of America's State Courts. Aug. 2009

34 34 15.Levs, Melanie Lasoff. "Breaking the Bamboo Ceiling: Asian American General Counsel Rise in the Legal Ranks." Diversity & The Bar Minority Corporate Counsel Association, May/June Web. Sept Norris, Michele and Block, Melissa. "Looking at the 'Bamboo Ceiling'" National Public Radio, July 5, Web. Sept Parks, Gregory Scott. "Toward a Critical Race Realism." Cornell Journal of Law and Public Policy Vol.17: , Parks, Gregory S., Rachlinski, Jeffrey J. and Epstein, Richard A., "Implicit Bias, Election '08, and the Myth of a Post-Racial America." Florida State University Law Review Vol. 37: , Parks, Gregory S., Rachlinski, Jeffrey J. and Epstein, Richard A., "Implicit Race Bias and the 2008 Presidential Election: Much Ado About Nothing?" 157. University of Pennsylvania Law Review. PENNumbra Vol. 157: , Prost, Marlene. "Hitting the Bamboo Curtain." Human Resource Executive Online, Aug. 3, Web. Sept “Proven Strategies for Addressing Unconscious Bias in the Workplace” CDO Insights 14, Aug. 2008

35 35 22.Rachlinski, Jeffrey J., Johnson, Sheri Lynn, Wistrich, Andrew J. and Guthrie, Chris “Doe Vol. 84s Unconscious Bias Affect Trial Judges?” Notre Dame Law Review Vol. 84: , Ruttlmann, Jacqueline. "Breaking Through the 'Bamboo Ceiling' for Asian American Scientists." American Association for the Advancement of Science, n.d. Web. Sept Scharf, Stephanie A. and Flom, Barbara M. "Report of the Fifth Annual National Survey on Retention and Promotion of Women in Law Firms." The NAWL Foundation and the National Association of Women Lawyers (NAWL), October Schmidt, Kathleen and Nosek, Brian A. "Implicit (and explicit) racial attitudes barely changed during Barack Obama's presidential campaign and early presidency." Running Ahead: Obama Barely Changed Racial Attitudes. n.d. n.p. 26.Steele, Claudette M. Whistling Vivaldi and Other Clues to How Stereotypes Affect Us, "Test Yourself for Hidden Bias." Southern Poverty Law Center, n.d. Web. Aug. 2011

36 36 28.The Value of Diversity in Law Firms and The Path to Partnership for Asian Americans, The National Asian Pacific Bar Association 29.Uhlmann, Eric Luis, Poehlman, T. Andrew, and Nosek, Brian A. "Automatic Associations: Personal Attitudes or Cultural Knowledge?" Running Ahead: Person and Culture. n.d. n.p. 30.Weng, Garner. "Racial Bias in Law Practice." California Lawyer Jan. 2003: "Why Do They Need to Tell Me?" Unconscious Bias Citi Workshop, Oct. 6, Yang, Wesley. "Paper Tigers: What happens to all the Asian- American overachievers when the test-taking ends?" New York Magazine, May 8, 2011 Web. Sept. 2011

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