Implicit Bias

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

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Implicit Bias. Acknowledgement: The outline for this presentation was developed by:. Starr Rayford Leslie Richards-Yellen. 312-704-3000 www.hinshawlaw.com. Definition. Implicit: means that we are either unaware or mistaken about the source of the thought or feeling. Warning:. - PowerPoint PPT Presentation

Transcript of Implicit Bias

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Implicit BiasImplicit BiasAcknowledgement: The outline

for this presentation was developed by:

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Starr Rayford Starr Rayford Leslie Richards-Yellen Leslie Richards-Yellen

312-704-3000312-704-3000www.hinshawlaw.comwww.hinshawlaw.com

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DefinitionDefinition

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

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Warning:Warning:

You will feel a bit uncomfortable – go with itYou will feel a bit uncomfortable – go with itNotice your defensiveness and accept Notice your defensiveness and accept discomfort of unlearning and relearningdiscomfort of unlearning and relearningKeep an open mind and listen firstKeep an open mind and listen first

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Goal:Goal:

1.1. Think about adopting personal strategies Think about adopting personal strategies to diminish your personal biasto diminish your personal bias

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Our Personal Experiences Our Personal Experiences with Biaswith Bias

Personalize by having panelists tell short story that Personalize by having panelists tell short story that demonstrates how bias exhibited by another demonstrates how bias exhibited by another affected their prospects or how bias they exhibited affected their prospects or how bias they exhibited affected others affected others

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Am I biased?Am I biased?

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YesYes

Whether we are female/male, affluent/not affluent,

black/white/Hispanic/Asian/Native American/immigrant, gay/straight,

disabled/abled, older/younger

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Examples of Automatic Attitude Examples of Automatic Attitude Directed Toward Social GroupDirected Toward Social Group

Standing DistanceStanding DistanceEye ContactEye ContactJudgment of Facial ExpressionJudgment of Facial ExpressionSpeaking TimeSpeaking Time

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Example of what IAT testsExample of what IAT testsSay the ColorSay the Color

PURPLEPURPLE YELLOWYELLOW REDRED

ORANGEORANGE GREENGREEN BLACKBLACK

GREENGREEN BLUEBLUE ORANGEORANGE

BLACKBLACK REDRED GREENGREEN

YELLOWYELLOW BLUEBLUE ORANGEORANGE

BLUEBLUE REDRED PURPLEPURPLE

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Say the ColorSay the Color

YELLOWYELLOW BLUEBLUE ORANGEORANGE

BLACKBLACK REDRED GREENGREEN

PURPLEPURPLE YELLOWYELLOW REDRED

ORANGEORANGE GREENGREEN BLACKBLACK

BLUEBLUE REDRED PURPLEPURPLE

GREENGREEN BLUEBLUE ORANGEORANGE

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How do I measure my How do I measure my biases?biases?

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Take the IATTake the IAT

Implicit Association TestImplicit Association Test https://implicit.harvard.edu/implicit/demo/takeatest.htmlhttps://implicit.harvard.edu/implicit/demo/takeatest.html Race IATRace IAT Gender – Science IATGender – Science IAT Age IATAge IAT Weight IATWeight IAT Gender IATGender IAT

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The IATThe IAT

Measures implicit reasoningMeasures implicit reasoningAsked to categorize information quicklyAsked to categorize information quicklyCalculates reaction time in millisecondsCalculates reaction time in millisecondsCalculates accuracyCalculates accuracyStatistically, speed and accuracy difference Statistically, speed and accuracy difference meaningfully reflects your cognitive processmeaningfully reflects your cognitive processIAT is an empirical tool to measure biasIAT is an empirical tool to measure bias

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Examples of IAT Utilization in Examples of IAT Utilization in Legal ResearchLegal Research

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

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How does bias affect the How does bias affect the objects of bias and general objects of bias and general

culture?culture?

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Classic social psychology research Classic social psychology research shows people allocate more resources shows people allocate more resources

and report more positive attitudes toward and report more positive attitudes toward in-group members even when people are in-group members even when people are

randomly assigned to meaningless randomly assigned to meaningless groups.groups.

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Most White AmericansMost White Americans

Respond faster on IAT when “African Respond faster on IAT when “African American” and “American” and “badbad” are paired than when ” are paired than when “African American” and ““African American” and “goodgood” are paired, ” are paired, reflecting more negative automatic reflecting more negative automatic associations with African Americans associations with African Americans relative to whitesrelative to whites

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Study: IAT and Immigration Policy Study: IAT and Immigration Policy Judgments (Lopez 2010)Judgments (Lopez 2010)

Are immigration policy judgments (e.g., Are immigration policy judgments (e.g., anti-immigration sentiment) shaped by –anti-immigration sentiment) shaped by – Politics?Politics? Intolerance towards foreigners?Intolerance towards foreigners? Negative attitudes towards Latinos/Latino Negative attitudes towards Latinos/Latino

immigrants?immigrants?

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Testing “Boys are Better” Testing “Boys are Better” StereotypeStereotype

Scenario 1: Female science majors see Scenario 1: Female science majors see video of conference with 75% male video of conference with 75% male participationparticipationScenario 2: Video shows conference in Scenario 2: Video shows conference in which participants are gender balancedwhich participants are gender balanced

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

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Familiarity Reduces Sexual Familiarity Reduces Sexual Orientation BiasOrientation Bias

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

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Ways to Combat Hidden biasWays to Combat Hidden bias

Reframe the conversationReframe the conversation Focus on fair treatment and respectFocus on fair treatment and respect

Support projects that encourage positive Support projects that encourage positive images instead of stereotypesimages instead of stereotypes Studies show positive images of specific Studies show positive images of specific

groups of people can combat hidden biasgroups of people can combat hidden bias

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Rethink Your:Rethink Your:

Resistance to ChangeResistance to ChangeTolerance for InequityTolerance for Inequity

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Less Biased People Have a Less Biased People Have a Complex or Conflicted Stance as Complex or Conflicted Stance as

they Harbor Some Degree of they Harbor Some Degree of Automatic Bias Along with an Automatic Bias Along with an

Explicit Commitment to Explicit Commitment to EgalitarianismEgalitarianism

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DON’T:DON’T:

AcceptAccept automatic responses as automatic responses as validvalid and and use them to guide judgmentuse them to guide judgmentJustifyJustify any automatic response as a basis any automatic response as a basis for judgmentfor judgment

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DO:DO:

Be suspicious of automatic responses - Be suspicious of automatic responses - suppresssuppress, , changechange or or modifymodify explicit explicit judgmentjudgmentTry to Try to override override automatic reactions in automatic reactions in favor of egalitarian explicit responsesfavor of egalitarian explicit responses

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Over TimeOver TimePractice replacing bias with judgments that Practice replacing bias with judgments that conform to explicit valuesconform to explicit valuesDevelop strong motivation to avoid prejudiceDevelop strong motivation to avoid prejudicePracticing equalitarian responses will reduce Practicing equalitarian responses will reduce implicit preference to high status groupsimplicit preference to high status groupsChange mindset followed by behavioral changeChange mindset followed by behavioral changeBe willing to reject automatic preferenceBe willing to reject automatic preference

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

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See the Squirrel and the SwanSee the Squirrel and the Swan

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ReferencesReferences1.1. Adams, John S. “Federal judge admits he sent anti-Obama, racist e-Adams, John S. “Federal judge admits he sent anti-Obama, racist e-

mail” mail” usatoday.com usatoday.com USA TODAY March 1, 2012 Web March 2012USA TODAY March 1, 2012 Web March 20122.2. Couch, Aaron. "Implicit attitudes: How children develop biases about Couch, Aaron. "Implicit attitudes: How children develop biases about

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Immigration Policy Judgments,” Polit. Behav. (2010) 32:517-545.Immigration Policy Judgments,” Polit. Behav. (2010) 32:517-545.5.5. Fisher, Anne. "Piercing the 'bamboo ceiling'" Fisher, Anne. "Piercing the 'bamboo ceiling'" money.cnn.com money.cnn.com CNN CNN

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8.8. Hamermesh, Daniel S. "Ugly? You May Have a Case" Hamermesh, Daniel S. "Ugly? You May Have a Case" newyorktimes.comnewyorktimes.com The New York Times, Aug. 27, 2011. Web. The New York Times, Aug. 27, 2011. Web. Sept. 2011Sept. 2011

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12.12. Kang, Jerry, Dasgupta, Nilanjan, Yogeeswaran, Kumar and Blasi, Kang, Jerry, Dasgupta, Nilanjan, Yogeeswaran, Kumar and Blasi, Gary L., "Are Ideal Litigators White? Measuring the Myth of Gary L., "Are Ideal Litigators White? Measuring the Myth of Colorblindness." Colorblindness." UCLA School of Law Research Paper No. 09-24;UCLA School of Law Research Paper No. 09-24; CELS 2009 Annual Conference on Empirical Legal Studies Paper. CELS 2009 Annual Conference on Empirical Legal Studies Paper. July 31, 2009 Available at SSRN: July 31, 2009 Available at SSRN: http://ssrn.com/abstract1442119http://ssrn.com/abstract1442119

13.13. Kang, Jerry. "Comment on Uhlmann, Poehlman, and Nosek." Kang, Jerry. "Comment on Uhlmann, Poehlman, and Nosek." Correlates and Causes of IdeologyCorrelates and Causes of Ideology pp. 261-264, Aug. 2011, n.p. pp. 261-264, Aug. 2011, n.p.

14.14. Kang, Jerry. "Implicit Bias – A Primer for Courts." National Center Kang, Jerry. "Implicit Bias – A Primer for Courts." National Center for State Courts; Prepared for the National Campaign to Ensure for State Courts; Prepared for the National Campaign to Ensure the Racial and Ethnic Fairness of America's State Courts. Aug. the Racial and Ethnic Fairness of America's State Courts. Aug. 20092009

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15.15. Levs, Melanie Lasoff. "Breaking the Bamboo Ceiling: Asian Levs, Melanie Lasoff. "Breaking the Bamboo Ceiling: Asian American General Counsel Rise in the Legal Ranks." American General Counsel Rise in the Legal Ranks." Diversity & Diversity & The Bar The Bar Minority Corporate Counsel Association, May/June 2007. Minority Corporate Counsel Association, May/June 2007. Web. Sept. 2011Web. Sept. 2011

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17.17. Parks, Gregory Scott. "Toward a Critical Race Realism." Parks, Gregory Scott. "Toward a Critical Race Realism." Cornell Cornell Journal of Law and Public PolicyJournal of Law and Public Policy Vol.17:683-745, 2008 Vol.17:683-745, 2008

18.18. Parks, Gregory S., Rachlinski, Jeffrey J. and Epstein, Richard A., Parks, Gregory S., Rachlinski, Jeffrey J. and Epstein, Richard A., "Implicit Bias, Election '08, and the Myth of a Post-Racial America." "Implicit Bias, Election '08, and the Myth of a Post-Racial America." Florida State University Law ReviewFlorida State University Law Review Vol. 37:659-714, 2010 Vol. 37:659-714, 2010

19.19. Parks, Gregory S., Rachlinski, Jeffrey J. and Epstein, Richard A., Parks, Gregory S., Rachlinski, Jeffrey J. and Epstein, Richard A., "Implicit Race Bias and the 2008 Presidential Election: Much Ado "Implicit Race Bias and the 2008 Presidential Election: Much Ado About Nothing?" 157. About Nothing?" 157. University of Pennsylvania Law ReviewUniversity of Pennsylvania Law Review. . PENNumbra Vol. 157:210-226, 2009PENNumbra Vol. 157:210-226, 2009

20.20. Prost, Marlene. "Hitting the Bamboo Curtain." Prost, Marlene. "Hitting the Bamboo Curtain." hreonline.com hreonline.com Human Resource Executive Online, Aug. 3, 2011. Web. Sept. Human Resource Executive Online, Aug. 3, 2011. Web. Sept. 20112011

21.21. ““Proven Strategies for Addressing Unconscious Bias in the Proven Strategies for Addressing Unconscious Bias in the Workplace” CDO Insights 14, Aug. 2008Workplace” CDO Insights 14, Aug. 2008

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22.22. 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 and Guthrie, Chris “Doe Vol. 84s Unconscious Bias Affect Trial Judges?” Judges?” Notre Dame Law ReviewNotre Dame Law Review Vol. 84:1195-1246, 2009 Vol. 84:1195-1246, 2009

23.23. Ruttlmann, Jacqueline. "Breaking Through the 'Bamboo Ceiling' Ruttlmann, Jacqueline. "Breaking Through the 'Bamboo Ceiling' for Asian American Scientists." for Asian American Scientists." Sciencecareers.sciencemag.org Sciencecareers.sciencemag.org American Association for the Advancement of Science, n.d. Web. American Association for the Advancement of Science, n.d. Web. Sept. 2011Sept. 2011

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25.25. Schmidt, Kathleen and Nosek, Brian A. "Implicit (and explicit) Schmidt, Kathleen and Nosek, Brian A. "Implicit (and explicit) racial attitudes barely changed during Barack Obama's racial attitudes barely changed during Barack Obama's presidential campaign and early presidency." Running Ahead: presidential campaign and early presidency." Running Ahead: Obama Barely Changed Racial Attitudes. n.d. n.p.Obama Barely Changed Racial Attitudes. n.d. n.p.

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30.30. Weng, Garner. "Racial Bias in Law Practice." Weng, Garner. "Racial Bias in Law Practice." California Lawyer California Lawyer Jan. 2003: 37-40Jan. 2003: 37-40

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32.32. Yang, Wesley. "Paper Tigers: What happens to all the Asian-Yang, Wesley. "Paper Tigers: What happens to all the Asian-American overachievers when the test-taking ends?" American overachievers when the test-taking ends?" nymag.comnymag.com New York Magazine, May 8, 2011 Web. Sept. 2011 New York Magazine, May 8, 2011 Web. Sept. 2011