UNCONSCIOUS BIAS: MINIMIZING THE IMPACT OF UNCONSCIOUS BIAS IN THE LEGAL PROFESSION Beyond Diversity to Inclusion

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1 UNCONSCIOUS BIAS: MINIMIZING THE IMPACT OF UNCONSCIOUS BIAS IN THE LEGAL PROFESSION Beyond Diversity to Inclusion Lynn Luker, Partner Lynn Luker & Associates, LLC New Orleans, LA Deborah E. Love Vice President, Office of Institutional Equity Tulane University New Orleans, LA People fail to get along because they fear each other. They fear each other because they don t know each other. They don t know each other because they have not properly communicated with each other. REVEREND MARTIN LUTHER KING, PH.D. Diversity Fatigue Why is this program needed in light of the reality that we have had diverse leaders in the highest positions of our profession? Chief Justice Bernette Johnson Chief Justice Kitty Kimball Attorney Kim Boyle Judge (then attorney) Beth Foote Attorney Wayne Lee Attorney Marta-Ann Schnabel 1

2 Diversity vs. Inclusion Diversity means being invited to the party, but inclusion means being asked to dance. To fully reach our goal of diversity in the legal profession, we need both diversity and inclusion. Vernā Myers Consulting Group Inclusion 1. Is INCLUSION (not simply diversity) a component of our mission as lawyers and leaders within our community? 2. What kind of leadership can we provide to move the dial forward? Impact Lack of successful INCLUSION of our diverse legal community will have a negative impact on participation and relevancy, which in turn will impact every practicing lawyer and our ability to serve as role models in the community at large. 2

3 Has the Legal Profession achieved Inclusion? National snapshot The percentage of female equity partners at America s top 200 law firms remains stalled at an unacceptable 15 percent, with little progress over the past 10 years, ABA President Laurel Bellows. Louisiana snapshot Eligible attorneys - 21,818 Female - 7,322 or 34% Male - 14,496 or 66% As of 3/13 Has the Legal Profession achieved Inclusion? National snapshot The share of the nation s lawyers who are minorities and women, which had been growing slowly but steadily for years, fell in 2010 for the first time since the National Association for Law Placement (NALP), began keeping statistics in In addition, to the worrisome dearth at the top, there has been a significant stall at entry levels. Louisiana snapshot Minorities data not available (Hispanic, African Americans, Asian, American Indian, Other) Inclusion How we relate to each other How we identify with each other Sense of community 3

4 Bias Bias a particular tendency or inclination, unreasoned judgment, especially one that prevents unprejudiced consideration of objects, people, or groups. Two Kinds of Bias Two Kinds of Bias Explicit Bias Unconscious or Implicit Bias Unconscious Bias Unconscious bias describes any situation where people's actions are at odds with their intentions Subtle bl cognitive ii errors that lay beneath the rim of awareness 4

5 1. Judges are not affected by unconscious bias when making decisions about setting bail amounts 2. More diverse musicians are chosen if they are not seen by the judges. 3. Evaluators were given identical résumés of job applicants, the only difference were the applicants names. The majority of evaluators consistently chose to hire one group of applicants over the other. 5

6 4. Doctors were more likely to prescribe a potentially lifesaving, clot-busting treatment for Caucasian patients than for African-American patients. 5. A job applicant sitting next to an overweight person was perceived by interviewers as having lower skills and deemed less worthy to hire than an applicant seated next to a person of normal weight. 6. Research with young African American and Caucasian children showed that when offered the choice between two dolls, except that one doll was lighter in color than the other doll, almost all children selected the lighter doll. 6

7 7. The range of height varies among corporate chief executive officers; however, the majority of those in top corporate positions are more likely to be average in height. BEST PRACTICE TIP To Stop Bias Slow down & Be Open to Change Implicit Association Test The most effective tool available for testing one s own unconscious bias level is the Implicit Association Test (IAT)

8 How Does Unconscious Bias Impact Us? Bias impacts... What we notice about people How we interpret ttheir behavior What we remember about them How we react to them Unconscious Bias Unconscious bias is human nature. We need to be introspective about how it impacts our decision-making and actions, such as why we "click" with certain people instead of others and why we do not with others. STRATEGIES FOR MINIMIZING IMPLICIT BIAS 8

9 WHAT YOU CAN DO TO ELIMINATE BIAS IN THE LEGAL PROFESSION Education Observation Familiarity Intervention WHAT YOU CAN DO TO ELIMINATE BIAS IN THE LEGAL PROFESSION Education Educate yourself Research your own ethnic background and those of your relatives Read books by authors from different ethnic backgrounds Take courses about other cultures Learn about American history WHAT YOU CAN DO TO ELIMINATE BIAS IN THE LEGAL PROFESSION Observation Observe how other ethnic or gender groups are treated Notice whether people are comfortable talking about differences How does your workplace treat people who are different? How does your neighborhood treat people who are different? Notice whether certain groups are missing in meetings, leadership positions, job training opportunities, etc. 9

10 WHAT YOU CAN DO TO ELIMINATE BIAS IN THE LEGAL PROFESSION Familiarity Get to know co-workers and neighbors from different cultures Attend local cultural fairs and programs Learn how to prepare culturally diverse foods and share with others Learn basic conversational greetings in another language When traveling immerse yourself in the local culture Increase positive contacts with socially dissimilar groups Become more culturally competent Power or Influence Bias Leaders We ALL have biases Increase positive contacts with socially dissimilar groups Become more culturally competent Model affirming behavior Standardization of all employment processes OTHER PRACTICAL TIPS FOR DEFEATING BIAS Consider how you gain your bias and ask why is it so powerful Consider various way you can gain some insight into your bias Identify ways to lessen your bias Remember that certain stressors can heighten your bias Remember you are trying to learn, so don t beat yourself up 10

11 FOR MORE INFORMATION ON LSBA DIVERSITY AND INCLUSION GO TO or contact Kelly McNeil Legier at or