The type of “explicit” bias exhibited toward Rudolph is relatively easy to recognize and readily addressed by federal and state anti-discrimination laws. However, “implicit bias” (sometimes called “unconscious bias”), can be trickier to identify. Implicit bias refers to positive or negative beliefs about individuals or groups that are triggered automatically and exist on an unconscious level. Because these biases live below the surface, it is less obvious when we are acting on these biases, and so awareness of their existence is key.
Biases can be acted upon in many situations in the employment context, including hiring decisions. A manager’s implicit racial bias, could affect the pool of applicants that are called back for an interview. A well-known study by the National Bureau of Economic Research found that job applicants with a White-sounding name elicited substantially more callbacks than an applicant with an African American sounding name. And although bias is commonly thought of in the context of a person’s gender, skin color, or age, implicit bias may also be directed at myriad characteristics such a person’s accent, marital status, style of dress, and even height. If a hiring manager has a pre-conceived notion that tall people make better supervisors, that bias could likewise cloud a determination on which applicant might be most qualified for an open position.
If you have questions about tackling implicit bias in your workplace, please feel free to call an attorney in Verrill Dana’s Labor & Employment Group.