Journal article
A LEGAL FRAMEWORK FOR UNCOVERING IMPLICIT BIAS
University of Cincinnati law review, Vol.79(1), pp.97-153
01 Sep 2010
Featured in Collection : UN Sustainable Development Goals @ Drexel
Abstract
Actors' implicit biases impact the law in areas ranging from employment discrimination to criminal law. Legal scholars are rightly concerned with the effects of implicit bias and have suggested a myriad of ways to counteract it. Many employment discrimination scholars, however, are pessimistic about the current law's potential to curtail the effect of implicit bias. Very little has been written about how the actual framework of an employment discrimination suit can mitigate bias. This Article fills that gap by suggesting a framework and exploring the importance of the framework at the summary judgment stage of litigation. This Article examines the way in which the framework courts use in individual disparate treatment employment discrimination cases can work indirectly to force employers to reflect upon their motives for a particular decision. It advocates using the motivating factor framework at the summary judgment phase, which will ultimately change employers' decision-making behavior. Through a review of social psychology literature on decision-making and implicit bias, as well as a comparative case analysis of the differing frameworks used to analyze individual disparate treatment cases, it demonstrates the power that the motivating factor framework holds to indirectly mitigate the effects of implicit bias in workplace decisions.
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Details
- Title
- A LEGAL FRAMEWORK FOR UNCOVERING IMPLICIT BIAS
- Creators
- Natalie Bucciarelli Pedersen
- Publication Details
- University of Cincinnati law review, Vol.79(1), pp.97-153
- Publisher
- Univ Cincinnati Law Review
- Number of pages
- 57
- Resource Type
- Journal article
- Language
- English
- Academic Unit
- Legal Studies
- Identifiers
- 991019172592904721
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