UNDERSTANDING AND ADDRESSING IMPLICIT BIAS IN THE LEGAL PROFESSION NGOZI NDULUE SENIOR DIRECTOR OF CRIMINAL JUSTICE PROGRAMS, NAACP OBJECTIVES:
Gain working knowledge of implicit bias Recognize the impact of implicit bias on our work Understand the ethical duty to address implicit bias Identify strategies for addressing implicit bias “We are not perceptually, cognitively, or behaviorally colorblind.” —Jerry Kang WHAT IS IMPLICIT BIAS? TERMINOLOGY
Implicit bias is the brain’s automatic, instantaneous association of stereotypes and attitudes with particular groups….The social environments around us shape our implicit attitudes, whether or not we are aware of their effects, leading us to hold unconscious assumptions about the abilities, competencies, and characteristics of other people. As a result, our implicit biases can be contrary to our conscious values and ideals. TERMINOLOGY
Explicit vs. Implicit Bias Attitude: Evaluative feelings that are positive or negative Stereotypes: Traits we associate with a category EXAMPLES OF IMPLICIT BIAS
Stop me if you’ve heard this one… MEASURING IMPLICIT BIAS MEASURING IMPLICIT BIAS MEASURING IMPLICIT BIAS THE IMPACT OF IMPLICIT BIAS WHAT’S IN A NAME? Let’s brainstorm some areas of your work in which implicit bias can come into play WRITING SAMPLES
White Thomas Black Thomas
Average rating of 4.1 out of 5.0 Average rating of 3.2 out of 5 2.9 of 7 spelling or grammar errors identified 5.8 of 7 errors identified Comments Comments: “generally good writer but needs to work on...” “Needs a lot of work.” “has potential” “Can’t believe he went to NYU.” “good analytical skills” “Average at best.” THE IDEAL LITIGATOR
A 2010 study found: An implicit preference for Whites over Asians An implicit stereotype connecting “White” with “litigator” These implicit associations affected evaluations of lawyer performance. AMBIGUOUS BEHAVIOR DEHUMANIZATION
Black children are viewed as older, more culpable, and less human For police: Correlation between dehumanization and use of force Correlation between dehumanization and evaluation of culpability and age OUR ETHICAL DUTY ABA MODEL RULE 8.4(G)
Maintaining The Integrity Of The Profession Rule 8.4 Misconduct It is professional misconduct for a lawyer to: …(g) engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law. This paragraph does not limit the ability of a lawyer to accept, decline or withdraw from a representation in accordance with Rule 1.16. This paragraph does not preclude legitimate advice or advocacy consistent with these Rules. COMMENT ON RULE 8.4
[4] Conduct related to the practice of law includes representing clients; interacting with witnesses, coworkers, court personnel, lawyers and others while engaged in the practice of law; operating or managing a law firm or law practice; and participating in bar association, business or social activities in connection with the practice of law. Lawyers may engage in conduct undertaken to promote diversity and inclusion without violating this Rule by, for example, implementing initiatives aimed at recruiting, hiring, retaining and advancing diverse employees or sponsoring diverse law student organizations. WHAT CAN WE DO? AWARENESS
Take the IAT: www.implicit.harvard.edu/implicit/takeatest.html Reflect on how your actions have been impacted by implicit bias AWARENESS
Take the IAT: www.implicit.harvard.edu/implicit/takeatest.html Reflect on how your actions have been impacted by implicit bias DEBIASING
Implicit bias and perception are often Exposure seen as individual problems when, in fact, Diversity they are structural barriers to equality. Countering stereotypes --Perception Institute, The Science of Equality Perspective-taking CORRECTING FOR BIAS
Increasing Deliberation “[M]ake the subjective more Objective Criteria objective in order to make the Checklists unconscious more Increase Transparency and conscious.” Accountability --Dr. Arin N. Reeves