Elimination of Implicit Bias By Adapting to Various Personalities

Transcription

1 Elimination of Implicit Bias By Adapting to Various Personalities Cheryl Simbulan Beach, esq. Hayden Matthew Beach, esq California Rule of Professional Conduct 2-400(B)(2) in the management or operation of a law practice, a member shall not unlawfully discriminate or knowingly permit unlawful discrimination on the basis of race, national origin, sex, sexual orientation, religion, age or disability in (1) hiring, promoting, discharging or otherwise determining the conditions of employment; or (2) accepting or terminating representation of any client. 1

2 ABA Model Rule 8.4 Misconduct It is professional misconduct for a lawyer to (d) engage in conduct that is prejudicial to the administration of justice. Rule 8.4 Comment [3] clarifies that [a] lawyer who, in the course of representing a client, knowingly manifests by words or conduct, bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status, violates paragraph (d) when such actions are prejudicial to the administration of justice. Federal and State laws prohibiting discrimination Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, national origin and sex Other federal laws include the Age Discrimination Act (1967), the Rehabilitation Act (1973), the Americans with Disabilities Act Amendments Act (2008), and the Equal Pay Act of 1963 which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination. The Department of Fair Employment & Housing prohibits discrimination based on age (over 40), ancestry, color, religious creed, denial of family and medical care leave, disability (mental and physical) including HIV and AIDS, marital status, medical condition (cancer and genetic characteristics), national origin, race, religion, sex (including pregnancy) and sexual orientation. The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. 2

3 An implicit bias, or implicit stereotype, is the unconscious attribution of particular qualities to a member of a certain social group. Implicit stereotypes are influenced by experience, and are based on learned associations between various qualities and social categories, including race or gender. In order to be fully self-aware, we must recognize the implicit biases we may have. We may not believe we are biased in any way, but assessing our personal and social competence and observing how others respond to us will determine whether we may be implicitly biased against a particular group of individuals. Being able to identify our implicit biases will help us eliminate them to avoid unintended discrimination. 3

4 The Whole Person IQ = cognitive intelligence, which is a way to measure a person s reasoning ability to gauge human intelligence EQ = emotional intelligence, which is an ability or capacity to perceive, assess, and manage the emotions of one's self, and of others Personality = the combination of characteristics or qualities that form an individual's distinctive character. IQ, personality and EQ are distinct qualities that determine how we think and act. Of these three, EQ is the only quality that is flexible, able to change, and strengthens our ability to adapt to various personalities. 4

5 EQ is comprised of 4 skills Self-awareness Self-management Social-awareness Relationship management PERSONAL COMPETENCE SOCIAL COMPETENCE Personal competence is your ability to stay aware of your emotions and manage your behavior and tendencies Self-awareness = your ability to accurately perceive your own emotions in the moment and understand your tendencies across situations Self-management = your ability to use your awareness of your emotions to stay flexible and direct your behavior positively Social competence is your ability to understand other people s moods, behavior and motives in order to improve the quality of your relationships Social-awareness = your ability to accurately pick up on emotions in other people and understand what is really going on with them Relationship management = your ability to use your awareness of your own emotions and those of other to manage interactions successfully 5

6 Self-awareness begins with understanding your own personality. DISC Personality Model Dominance = Describes the way you deal with problems, assert yourself and control situations. Influence = Describes the way you deal with people, the way you communicate and relate to others. Steadiness = Describes your temperament - patience, persistence, and thoughtfulness Compliance = Describes how you approach and organize your activity, procedures and responsibilities. 6

7 Dominance Comparatively High = Here are some traits and behaviours that describe people who are comparatively high in Dominance: enjoy competition and challenge. are goal orientated and want to be recognised for their efforts. aim high, want authority and are generally resourceful and adaptable. are usually self-sufficient and individualistic. may lose interest in projects once the challenge has gone and they tend to be impatient and dissatisfied with minor detail. They are usually direct and positive with people, enjoying being the centre of attraction and may take it for granted that people will think highly of them. They may have a tendency to be rather critical of others. Consequently, other people may tend to see them as being rather domineering and overpowering. Comparatively Low = Here are some traits and behaviours that describe people who are comparatively low in Dominance: tend to want peace and harmony. prefer to let others initiate action and resolve problems. are quiet and indirect in their approach to most situations. are usually cautious and calculate risks carefully before acting. They are generally well liked because of their mild and gentle nature. Other people will tend to see them as being patient, calm, thoughtful and a good listener. Influence Comparatively High = Here are some traits and behaviours that describe people who are comparatively high in Influence: are strongly interested in meeting and being with people. are generally optimistic, outgoing, and socially skilled. are quick at establishing relationships. Sometimes their concern for people and people's feelings may make them reluctant to disturb a favourable situation or relationship. Comparatively Low = Here are some traits and behaviours that describe people who are comparatively low in Influence: are usually socially passive. quite frequently have an affinity for things, machinery and equipment. are generally comfortable working alone. frequently have a tendency to be analytical and once they have sorted the facts out they communicate them in a straightforward direct way. tend to take little at face value. They may well have learned and developed good social skills but they only bring these into play when logic dictates such tactics. 7

8 Steadiness Comparatively High = Here are some traits and behaviours that describe people who are comparatively high in Steadiness: are usually patient, calm and controlled. have a high willingness to help others particularly those they consider as friends. Generally they have the ability to deal with the task in hand and to do routine work with patience and care. Comparatively Low = Here are some traits and behaviours that describe people who are comparatively low in Steadiness: tend to enjoy change and variety in their work and non-work life. are expansive by nature and tend not to like routine and repetitive work/activities. They enjoy stretching themselves intellectually and physically. Compliance Comparatively High = Here are some traits and behaviours that describe people who are comparatively high in Compliance: are usually peaceful and adaptable. tend not to be aggressive. tend to be cautious rather than impulsive. avoid risk-taking. act in a tactful, diplomatic way and strive for a stable, ordered life. are comfortable following procedures in both their personal and business life. They prefer sticking to methods that have proved successful in the past. They have a high acceptance of rules and regulations. Comparatively Low = Here are some traits and behaviours that describe people who are comparatively low in Compliance: are independent and uninhibited. resent rules and restrictions. prefer to be measured by results and are always willing to try the untried. Free in thought, word and deed, they long for freedom and go to great lengths to achieve it. They feel that repetitive detail and routine work is best "delegated" or avoided. 8

9 Our personality dictates our initial emotion, and the intensity of that emotion, produced by experiences and trigger events. Although we cannot control the initial emotion, we can control the thoughts that follow and how we react to an emotion - as long as we are aware of it. Emotions are derivations of five core feelings: happiness, sadness, anger, fear, and shame The intensity of these feelings may vary from high, medium, and low For example, one who is happy may be excited during a high intensity of this feeling, cheerful during a medium intensity, and pleasant during a low intensity Understanding what we are feeling and the level of intensity of that feeling will help us manage our reaction to the event or experience that caused of that feeling 9

10 California Rule of Professional Conduct 3-110, Failing to Act Competently (A) A member shall not intentionally, recklessly, or repeatedly fail to perform legal services with competence. Competence is described in subsection (B) as to apply the 1) diligence, 2) learning and skill, and 3) mental, emotional and physical ability reasonably necessary for the performance of such service. It is important to note that this rule covers not just legal knowledge, but mental and emotional ability reasonably necessary to competently render legal services. You can avoid unknowingly engaging in expressions of implicit bias by: Avoiding assuming roles or responsibility based on a particular type of person. If in doubt, ask for clarification. Avoiding pet names, endearments or diminutive terms. Call everyone by his or her appropriate title until given permission to do otherwise. Avoiding talking about physical appearances. This includes comments on attractiveness, body type, and clothing, all of which are not appropriate topics for discussion. You can act affirmatively by: Mentoring diverse attorneys. Being aware of all of the people with whom you are interacting. Treating everyone with respect. Drafting employment policies or practices that apply to everyone. Embracing diversity. 10

11 Life is 10% what happens to you and 90% how you react to it. Charles R. Swindoll 11