3 DefinitionImplicit: means that we are either unaware or mistaken about the source of the thought or feeling.
4 Warning: You will feel a bit uncomfortable – go with it Notice your defensiveness and accept discomfort of unlearning and relearningKeep an open mind and listen first
5 Goal:Think about adopting personal strategies to diminish your personal bias
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
13 Take the IAT Implicit Association Test https://implicit.harvard.edu/implicit/demo/takeatest.htmlRace IATGender – Science IATAge IATWeight IATGender IAT
14 The IAT Measures implicit reasoning Asked to categorize information quicklyCalculates reaction time in millisecondsCalculates accuracyStatistically, speed and accuracy difference meaningfully reflects your cognitive processIAT is an empirical tool to measure bias
15 Examples of IAT Utilization in Legal Research Guilty/Not Guilty IAT – people implicitly associate Black people = guiltyLevel of implicit bias predicted the way people evaluated evidence in a criminal trialUnarmed Black men are more likely to be shot than unarmed white men.Low income members of society are frequent targets of discrimination.
16 How does bias affect the objects of bias and general culture?
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 Most White AmericansRespond 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 Study: IAT and Immigration Policy Judgments (Lopez 2010) Are immigration policy judgments (e.g., anti-immigration sentiment) shaped by –Politics?Intolerance towards foreigners?Negative attitudes towards Latinos/Latino immigrants?
20 Testing “Boys are Better” Stereotype Scenario 1: Female science majors see video of conference with 75% male participationScenario 2: Video shows conference in which participants are gender balanced
22 Women Involved in Scenario 1: Felt less “belonging”Less desire to participateExperience more psychological markers related to stress
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 testsLow-contact: After viewing photos and biographies of famous GLBT individuals, their implicit bias scores were not significantly different from the high-contact group.
24 Ways to Combat Hidden bias Reframe the conversationFocus on fair treatment and respectSupport projects that encourage positive images instead of stereotypesStudies show positive images of specific groups of people can combat hidden bias
25 Rethink Your:Resistance to ChangeTolerance for Inequity
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 DON’T:Accept automatic responses as valid and use them to guide judgmentJustify any automatic response as a basis for judgment
28 DO:Be suspicious of automatic responses - suppress, change or modify explicit judgmentTry to override automatic reactions in favor of egalitarian explicit responses
29 Over TimePractice replacing bias with judgments that conform to explicit valuesDevelop strong motivation to avoid prejudicePracticing equalitarian responses will reduce implicit preference to high status groupsChange mindset followed by behavioral changeBe willing to reject automatic preference
30 What can I do about an automatic preference that I would rather not have? Good news is that preferences are malleableSeek experiences that can undo or reverse the patterns of experience that created itRead or see information that opposes the implicit preferenceInteract with people that provide experience that counter the preferenceRemain alert to the implicit preference and recognize that it may intrude into your judgments and actionsEmbark on consciously planned actions to compensate for know implicit preferences
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33 Hamermesh, Daniel S. "Ugly. You May Have a Case" newyorktimes Hamermesh, Daniel S. "Ugly? You May Have a Case" newyorktimes.com The New York Times, Aug. 27, Web. Sept. 2011"Hiring." americansforamericanvalues.org American Values Institute, n.d. Web. Sept. 2011ILLP Review 2011: The State of Diversity and Inclusion in the Legal ProfessionJolls, Christine and Sunstein, Cass R.. "The Law of Implicit Bias." California Law Review Vol. 94: , 2006Kang, 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, Available at SSRN:Kang, Jerry. "Comment on Uhlmann, Poehlman, and Nosek." Correlates and Causes of Ideology pp , Aug. 2011, n.p.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
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35 Rachlinski, Jeffrey J. , Johnson, Sheri Lynn, Wistrich, Andrew J 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: , 2009Ruttlmann, Jacqueline. "Breaking Through the 'Bamboo Ceiling' for Asian American Scientists." Sciencecareers.sciencemag.org American Association for the Advancement of Science, n.d. Web. Sept. 2011Scharf, 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 2010Schmidt, 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.Steele, Claudette M. Whistling Vivaldi and Other Clues to How Stereotypes Affect Us, 2010"Test Yourself for Hidden Bias." tolerance.org Southern Poverty Law Center, n.d. Web. Aug. 2011
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