CHAPTER II. EDUCATING OURSELVES AND THE COURT
ON THE TRUE NATURE
2.1 The Science of Implicit Bias
The true nature and extent of bias contradicts the traditional views
of bias as being relatively rare and as being polarized between us (the
good who are free from all negative bias) and (the bad) those with
openly bigoted views. Bias is not measured in extremes and the vast
majority of those who have bias that affect their decision-making are in
the middle of the scale, not at either end. The true extent of bias
suggests that far more people suffer from negative views of certain
groups that we would like to believe including our friends, relatives and
coworkers. The true nature and extent of bias can only be understood
by
those
willing
to
look
in
themirror.
The true nature of bias consists of wide variety of feelings, attitudes,
associations, perceptions, stereotypes, judgments, bias, and overt
prejudice; which in turn can be either be openly stated, hidden, overtly
conscious, bordering on the edge of awareness or seeping deep from
within the subconscious. The true nature of bias includes an
understanding that most people within American society have likely
derived some degree of negative biases against at least the three main
protected classes (Race, Gender, Age) and likely have such biases within
their
mind
at
some
level
of
consciousness.
The standard response to the above paragraph is as follows: ―Well of
course we all have biases, one cannot escape them. I prefer a certain
basketball team and I favor my wife’s cooking.‖ That is not what we are
talking about. History, experience, current studies and social science
suggest that large numbers of person have negative, i.e. unfavorable
associations or biases against blacks, women and the aged. Those
attitudes affect decision-making to the detriment of those groups.
The ruler represents levels of consciousness and willfulness that exist in
all of us. The purpose of the scale is to point out that bias involves a
variety of relatively benign, overtly harmful, conscious and
subconscious perceptions, not merely two extremes. The scale does not
represent an opinion of exactly where any of those views of minorities
fall along the conscious or willfulness scale. There is no need because
Title VII prohibits adverse employment actions against minorities that is
motivated
anywhere
along
that
scale.
The true extent of bias includes an understanding that most people
within our society have likely derived some degree of biases against
protected classes and likely have such biases within their mind at some
level of consciousness. To put it bluntly, at least regarding the three
main classically protected groups, i.e. women, non-whites and the aged,
in a room of 100 people 70 of them will have some degree of negative
association with that person based on their age, gender or color.
They merely are intended to provide a simple visual reference for
how a decision or a group of decisions can be impacted at any point by
the filter of negative bias. Now think about the hundreds of decisions,
thoughts and groups of decisions that a minority must negotiate every
week in their employment. The impact of even one person in the chain
of decision-making with some degree of negative bias is very real.
That means they do not purport to measure racism or
sexism. They only measure negative and positive attitudes toward
groups. It may be that racists and sexists will also test for these lower
levels of bias, but the point is to reveal the existence of bias in people
who look and act like you and me. In short, even if the only bias that
remained in society was subconscious, it would still provide barriers to
minorities. Subconscious bias affects our decision-making regarding
minorities as effectively as if we had hate in our hearts and
minds.
Science can now clearly identify at least the bottom end of the scale. It
can tell us that when it comes to the bare negative associations of certain
protected groups or positive associations with historically advantaged
groups, that an extremely high percentage of people in our society retain
these
negative
associations.
There are three major categories of beliefs regarding groups. They are
explicit attitudes, implicit stereotypes, and implicit attitudes. An
attitude is a positive or negative evaluation of some object or idea. An
implicit attitude can rub off on an associated object. The word implicit
implies that these attitudes are sometime hidden from view and even
from
conscious
awareness.
A stereotype is a belief that members of a group possess or share some
characteristic. A stereotype and an attitude are closely related. Not all
attitudes are stereotypes, but all stereotypes are attitudes. Evidence of
attitudes shows how negative or positive feelings about a group can rub
off on a person or object. Likewise, a negative attitude toward a person
can likely rub off on views of actions taken by that person. The implicit
attitude represents the bottom of the scale. Stereotypes represent some
level of awareness between implicit attitudes and overt bias. The explicit
attitude may represents the high end of the scale for that person,
assuming that they openly admit their true attitudes or bias.
Tests have been developed to measure the degree of hidden bias
(implicit negative associations toward groups) in people who deny they
have such bias. For example, people favor whites in this country, they
favor males, and they favor the young. They do all this without regard to
open racism or sexism or ageism and without feelings of animosity
toward those groups. The actions of all of those individuals are
intentional in the legal sense. They hire, they fire, they demote, but the
awareness of the nature of their own bias is often very low (or, to the
extent the awareness is high) the willingness to express them explicitly
remains
low.
The Implicit Association Test is a test that was designed to measure this
hidden bias. The test was developed in the 1990’s because psychologists
began to figure out that most people denied any bias or racism or sexism
when asked. However the effects of racism and sexism continued to
endure and the evidence of hidden bias remained. The question was how
to measure bias that either people were denying or which people did not
even know they had. The Implicit Association Test or IAT, was a direct
response
to
this
problem.
Implicit Association is a mental response that is so well learned as to
operate without awareness, or without intention or without control. The
Implicit Association Test is a test designed to measure responses to
gender, race and age. Greenwald & Banaji, Psychology Review,
(1995) This test measures the reactions of individuals to simple word
associations and photos of person of a particular race, or age or gender.
The test measures reaction time that the subject uses to associate words
that the subject views as positive or negative to the class of persons
being reviewed for implicit bias. The results of this testing are showing
that it is no longer a question of who has bias against certain races or
against age or gender, but to what degree.
TESTING SHOWS HIGH PREVALENCE OF BIAS
The implicit association test has been given to thousands of people
across the United States and the world. The advent of the Internet allows
millions of people to take it, and therefore vastly increases the database
of information. The results from the IAT show a reasonable degree of
scientific certainty about the following results regarding implicit bias
concerning
both
attitude/preference
and
knowledge/stereotype:
1. Implicit bias can be large. Implicitly if not explicitly, the
magnitude of bias toward particular social groups is large. Whether it is
age, race, class, ethnicity, religion, physical appearance, or sexual
orientation, there is now strong evidence that negative associations
automatically arise when we think about the less favored (gay, elderly,
African Americans, Arabs, Jews--when compared to Christians, the
obese).
2. The bias is widespread. Many, including the test developers
themselves, show evidence of implicit biases, even in the absence of any
conscious bias, and sometimes in opposition to the consciously
expressed
attitude.
3. Not all groups demonstrate the bias equally. Quite often implicit
attitudes,
like explicit ones, favor the groups to which we belong. There are some
surprising and psychologically meaningful deviations. For example,
members of disadvantaged minorities and even statistical minorities do
not show the same implicit ingroup preference as do members of
majority and dominant groups. This finding often stands in contrast to
the consciously expressed, strong in-group preference by members of
disadvantaged
or
small
groups.
4. Not all individuals demonstrate the bias equally. Following from
the above finding, within groups, there is a wide range of individual
differences. We have also learned that there are individual differences in
the degree to which each person is contaminated, and that these
individual differences in the strength of the bias is meaningful – those
with stronger biases are likely to be more discriminatory in other
behaviors
than
those
who
show
a
weaker
bias.
5. Implicit bias is related to explicit bias. The work shows that
consciously held attitudes and stereotypes may indeed be associated
with the degree of implicit bias, such that those who report lower
explicit bias also appear to be lower in their implicit bias (this finding
can vary quite a bit depending on the category – race, political attitudes,
etc.), but it is no longer possible to ignore the fact that the two are
related. Since conscious attitudes are controllable and can be
consciously adopted, this provides a path whereby implicit attitudes can
be
influenced.
6. Implicit bias is plastic. Among the more optimistic revelations
from recent data is the finding that seemingly minor shifts in the
environment (such as an imagery exercise or the presence of a particular
person) can change the magnitude of the bias that is observed. For
example, the presence of an African American experimenter appears to
lower anti-Black bias, and imagining women in positions of authority
lowers the Female+weak bias. These findings raise questions about the
power of the immediate situation in determining which one of may
possible
attitudes
is
expressed.
Source
- Mahzarin
Banaji
-
Notes
on
Implicit
Bias
The ideas and data of implicit association and the IAT clearly
makes visible the bottom end of the scale of those motivations prevented
by Title VII. It shows that the nature of bias includes an entire range of
motivations and conscious awareness. It makes known the true extent of
bias within our society. Finally, it either is, or soon will be able to
establish that the possession of attitudes measure by the IAT actually
causes motivation that can adversely impact on protected groups.
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