Addressing Implicit Bias in the California Workplace

Harassment and Discrimination

Employment discrimination claims can create extensive issues for employers.  Reputational damage, recruitment issues, legal expenses, and impacts on company culture and employee morale can all be part of the fallout.  Most employers in California have policies, procedures and programs to prevent and mitigate harassment and discrimination claims.  However, implicit bias in the California workplace can create risks that are difficult to anticipate and avoid.

An experienced discrimination defense attorney can help California employers learn how to identify potential issues related to implicit bias early, develop programs and policies to minimize risks and defend against claims when they arise.

The Risks of Implicit Bias in the California Workplace

Implicit biases are unconscious, involuntary associations and perceptions of certain characteristics or groups.  These subconscious notions are the result of our human brains evolving to process information efficiently and protect us from harm.  This was an essential development when survival was mankind’s paramount concern.

In modern times, however, unconscious bias can lead us to treat people differently or prefer certain traits over others.  Employers must be aware of and understand how to address implicit bias in the workplace to avoid unintentional disparate treatment that can lead to discrimination claims.

Unconscious Bias and Discrimination Laws

Though it may be difficult to accept, unconscious biases exist in every human mind—and they can cause us to favor certain groups or individuals over others in ways that may not be immediately evident.

Our subconscious ideas of others are commonly related to the following:  

  • Gender;
  • Age;
  • Race and ethnicity;
  • Appearance;
  • Name; and
  • Affiliations.

Many characteristics that might be subject to implicit bias are among those protected under discrimination and harassment laws, like California’s Fair Employment and Housing Act (FEHA).  While unconscious bias alone does not equate to discrimination, these beliefs can affect behavior and decisions, potentially leading to allegations of unlawful discrimination.

Why We Must Address Implicit Bias in the Workplace

Implicit bias can impact behaviors and decisions in various stages and areas of employment.  It can affect procedures and actions in the hiring process, from recruitment and screening to final hiring decisions.  

In company operations, unconscious bias can cause discrepancies in performance evaluations, availability of training opportunities and decisions regarding promotions.  Employers must also be aware of potential bias when choosing employees for layoffs and throughout the separation process.

Unconscious bias may be subtle, but it can reduce diversity in the workplace and ultimately impact company culture and cohesiveness, employee engagement, innovation, productivity, profitability and more.  

How Employers Can Prevent Issues Related to Implicit Bias

When we are not consciously aware of bias, it can be difficult to address.  However, there are ways employers can mitigate the potential impacts of implicit bias.  These include the following:

  • Employee bias training to improve awareness;
  • Review and revision of hiring documents and procedures;
  • Limitation or careful monitoring of the use of Artificial Intelligence (AI) in hiring and employment decisions;
  • Creation and documentation of clear and consistent policies and procedures;
  • Creation of specific and accurate job descriptions and necessary qualifications to perform duties;
  • Open-door policies and/or employee surveys to encourage early reporting of issues; and
  • Equal access to training opportunities.

Help from an Employment Discrimination Attorney in Los Angeles, California

An experienced California employment attorney can provide counsel and guidance to employers and company leaders, helping them recognize and address implicit bias in the California workplace.  If you need assistance with prevention efforts or employment discrimination defense in Los Angeles or Southern California, contact Susan A. Rodriguez at the Law Offices of Susan A. Rodriguez, APC.  You can reach us by calling (213) 943-1323 or completing this online contact form.

Posted by Susan A. Rodriguez, Esq.

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