Shalanda Ballard is an employment defense attorney who has defended employers in all facets of employment litigation. Ms. Ballard was named in the National Register's Who's Who and in Law & Politics Magazine as a Rising Star. She has spoken at continuing legal education conferences and employment law seminars. Ms. Ballard also writes an Employee Rights Blog at www.employeerightsblog.net.
Thirty percent of Caucasians admit that they have a racial bias toward African-Americans. But, are those numbers accurate? Social scientists studying “unconscious bias” say that number is low. In fact, some studies have found that 88 percent of Caucasians have a pro-Caucasian or anti-African American unconscious bias.
Unconscious bias is the concept that individuals can have a bias at an unconscious level that influences decision-making in ways that the individual is unaware. In other words, individuals who have an unconscious bias make decisions based on stereotypes with no idea that they and their decisions are biased. Social scientists have empirically demonstrated that unconscious bias exists in our society. In fact, the bias begins as early as age three when we are taught to categorize the world around us. Categorization allows us to make sense of new information, but it also leads to stereotyping. That stereotyping results in discrimination when people rely on those preconceived notions in making employment decisions.
Marianne Bertand (Chicago Graduate School of Business professor) and Sendhil Mullainathan (MIT professor) conducted an experiment to determine if employers were discriminating against job applicants with African-American sounding names. Bertrand and Mullainathan sent out nearly 5,000 resumes to 1,300 job openings in Chicago and Boston. Every employer received four resumes: an average Caucasian applicant, an average African-American applicant, a highly skilled Caucasian applicant, and a highly skilled African-American applicant. The companies to which the resumes were sent stated that they were aggressively seeking diversity. Yet, the study found that applicants with Caucasian sounding names were 50 percent more likely to get an interview than applicants with African-American sounding names. They also found that lower skilled Caucasian applicants received more interviews then highly skilled African-American applicants. The study revealed that employers have an unconscious bias when they see an African-American sounding name which causes them to react negatively toward that applicant’s resume.
The most well known unconscious bias study is “Project Implicit.” Psychologists at Harvard, the University of Virginia, and the University of Washington developed Implicit Association Tests (“IAT”) to uncover an individual’s hidden stereotypes. The test requires subjects to rapidly classify words and images as good or bad while sorting images that are (depending on the bias in the question) African-American or Caucasian. Unconscious bias is exposed by how long it takes the subject to pair the words and images. Subjects who have an unconscious bias towards African-Americans will take longer to associate African-American images with good or positive words. Millions of people have taken the IAT. The IAT has found that there is widespread unconscious bias against African-American, even among individuals who believe that they have no racial bias.
The IAT has ignited a vigorous debate. And, the test has many critics. Richard Banks (Stanford Law Professor) criticizes the IAT claiming that “it is not clear that researchers have uncovered any evidence of unconscious racial bias that influences what happens in the world. The IAT may not measure real world unconscious racial bias at all. It may just measure awareness of cultural associations out in the world.” William von Hippel (University of South Wales) says that “we still do not really understand what [the IAT] reveals.” Banks’ and von Hippel’s criticisms of the IAT are consistent with those of other unconscious bias critics who argue that unconscious bias findings reveal nothing about how an individual will act. Critics say that people can consciously override their biases, but the research finds that implicit biases are a powerful predictor of how individuals actually behave. As Andy Poehlman (a Yale graduate student who has tracked more than 61 studies) explained, an unconscious bias “doesn’t control our behavior in a be-all and end-all kind of way, but it flavors our behavior in a pretty consistent way.”
Unconscious bias is increasingly being used in employment litigation to prove discrimination. Unconscious bias has been a central issue in Dukes v. Wal-Mart Stores, Inc., the largest class action discrimination lawsuit in history in which two million women are suing Wal-Mart for gender discrimination. The Court’s receptivity to unconscious bias arguments in the Home Depot class action and the FedEx class action resulted in those cases settling for huge amounts, $87.5 million and $53.5 million respectively. Unconscious bias is being raised in class actions against several other Fortune 500 companies such as Best Buy, Johnson & Johnson, Cargill, Merrill Lynch, General Electric, American Express, MetLife, and Morgan Stanley.
There is considerable debate about whether and to what extent unconscious bias affects employment decisions. To date, employers appear to handling the issue by claiming that unconscious bias does not exist. Perhaps, employers should learn from Wal-Mart, Home Depot, FedEx, and Walgreens (i.e., companies who failed in their arguments that unconscious bias does not exist) and instead, audit their processes to ensure that unconscious bias is not at work in their companies.
- Related Videos
- Related Articles
- Ask / Related Q&A
- Comparative Study of Awareness and Sensitivity Diversity Training Strategies and Human Resource Policy Driven Strategies
- Commentary On a Human Rights (UDHR) Speech–Part V
- Shredding Stereotypes: Modern Perceptions of Extreme Sports
- Human Rights Take Front and Center for the New York City Schools
- Assessment on the Diversity in Accounting
- CONFLICT MANAGEMENT IN CORPORATE SECTOR-SOME THOUGHTS
- WOMEN EMPOWERMENT
- APPRAISAL OF INDIAN SITUATION- EFFECTIVE UTILISATION OF ICT IN INDIAN PERSPECTIVE




New Law Protects Employee’s Genetic Information
By: Shalanda Ballard | 04/12/2009The employment provisions of the Genetic Information Nondiscrimination Act (GINA) will take effect on November 21, 2009. GINA is groundbreaking legislation that addresses employees’ fear that their genetic information will result in adverse employment actions. The law prohibits (1) the use of genetic information in making employment decisions, (2) the acquisition of an employee’s genetic information, and (3) retaliation.
Employees May Have Privacy Rights in their Personal Emails Sent on Company Computers
By: Shalanda Ballard | 04/12/2009Most employees just accept the fact that their employer can access any content that is on a company computer, including employees’ personal emails and other personal information. But, is that the law? A growing number of courts are recognizing that employees have some expectation of privacy with respect to their personal content on company computers. Some recent decisions have held that employers do not own and cannot access their employees’ personal emails.
HOW TO BUILD HIGH MORALE
By: kaviya | 04/12/2009Morale is the degree of confidence and hope. It is the inner feelings of a person. It describes level of favourable or unfavourable attitudes of an employee towards work, organization etc.
Danger! The Wrong Employee Newsletter Articles Can Be Hazardous to Your Company's Health
By: Daniel Feerst | 03/12/2009Did you know that a well written informative article in an employee newsletter can actually be a hazard to your employee's health and the financial wellbeing of your organizatin? Here's why. . . Imagine an informative article on "Compulsive Gambling" in your organization's employee wellness newsletter. What would you rather see--an article with 5 to 6 questions that helps an employee begin seeing that he or she has a gambling addi
Gainsharing Best Practice – Employee Involvement and Engagement
By: Robert Masternak | 03/12/2009Gainsharing puts teeth into employee involvement, Lean/ Six Sigma, and other performance improvement initiatives. Learn more about Gainsharing and how it engages the workforce. This article is the second in a series of four which share Gainsharing best practices from a group of 17 Human Resources Professionals.
The Importance of Having a Career Goal
By: vikas lov | 03/12/2009Christopher McCandless (Into the Wild) had said that career is a twentieth century term -- and how right he was. The awareness towards wielding a riveting career option has grown so much that everybody from schools and colleges to professional counsellors these days are pooling in with their contributions frantically. The scenario looks really grand now -- almost two decades after Christopher’s remark -- with more and more career avenues to showcase your skills. However, that’s also when one ver
how to make career planning an effective one
By: kaviya | 03/12/2009A Career is a sequence of positions or jobs held by a person during the course of his working life. A person’s career is shaped by many factors e.g. hereditary factors, parents , culture , age level, job experience, social environment etc.
Effectivess and benefits of performance appraisal
By: kaviya | 03/12/2009Performance Appraisal is a process of evaluating the performance of an employee in a systematic manner. This interaction is called as performance appraisal. Performance Appraisal is an objective method of judging the ability of an individual employee in performing his tasks.The following are related to the effectiveness of performance appraisal:
Employees May Have Privacy Rights in their Personal Emails Sent on Company Computers
By: Shalanda Ballard | 04/12/2009 | Human ResourcesMost employees just accept the fact that their employer can access any content that is on a company computer, including employees’ personal emails and other personal information. But, is that the law? A growing number of courts are recognizing that employees have some expectation of privacy with respect to their personal content on company computers. Some recent decisions have held that employers do not own and cannot access their employees’ personal emails.
Is Unconscious Bias Negatively Affecting Your Employment?
By: Shalanda Ballard | 06/11/2009 | Human ResourcesThirty percent of Caucasians admit that they have a racial bias toward African-Americans. But, are those numbers accurate? Social scientists studying “unconscious bias” say that number is low. In fact, some studies have found that 88 percent of Caucasians have a pro-Caucasian or anti-African American unconscious bias. This article discusses how the theory of unconscious bias is beginning to be used in employment litigation.
Your Words Will Be Used Against You In A Lawsuit
By: Shalanda Ballard | 30/10/2009 | LawThe biggest mistake employees make is to talk about their claim when they are in an employment dispute with their employer. Many employees take a losing stand against their employers because they make statements that undermine their potential claim. Trevor Keezer, the Home Depot employee who was fired for wearing a “One Nation under God, indivisible” button, illustrates this point.
Ledbetter Fair Pay Act Breathes New Life Into Pay Discrimination Claims
By: Shalanda Ballard | 16/10/2009 | Press ReleasesThis article discusses the Ledbetter Fair Pay Act which removed several barriers that prevented successful pay discrimination claims. The Ledbetter Fair Pay Act provides more opportunities to sue for pay discrimination. The Act also revived many previously time-barred pay discrimination claims.
How to Survive the New Terror at Work: The Workplace Bully
By: Shalanda Ballard | 14/10/2009 | BusinessBullying is becoming more prevalent in the workplace, especially in these difficult and uncertain economic times. Workplace bullying is aggressive or unreasonable behavior designed to negatively impact or destroy a coworker. Workplace bullying is designed to destroy you, your work, and your reputation. This article discusses practical advice on how to deal with a workplace bully.
Social Networking Can Get You Fired
By: Shalanda Ballard | 10/10/2009 | LawEmployees’ social networking activities are increasingly becoming the basis for discipline and termination. Those numbers will probably escalate in the future. Be careful when you are networking on Facebook, MySpace, LinkedIn, and Twitter because your social networking activities can result in discipline, up to and including your termination
A Workplace Romance Is Not Career Ending
By: Shalanda Ballard | 10/10/2009 | LawWorkplace romances have become the hot topic since David Letterman's recent announcement that someone attempted to disclose his affairs with women working on his show. Workplace romances are fairly commonplace. You should know that a workplace romance can cause problems for you, your partner, and your company.