Overcoming Subconscious Bias, How We Can Do Better

Let’s talk about bias. Not just “explicit” bias, the conscious bias for or against someone. Instead, think about “implicit” bias, those subconscious decisions we all make about hiring, capability, and value because of our own experiences. It happens every day. 

Guest Al De La Cruz leads the litigation department for the San Diego office of Manning & Kass, Ellrod, Ramirez, Trester LLP and examines how our own internal biases affect our daily decisions, even if we don’t realize it. 

When legal cases touch on discrimination or other issues in employment law, start with understanding how the decision was made. What was going on? It’s complicated.

To overcome bias, start by being intentional. Learn to reflect on your decisions and understand your own starting point and thought process. It’s not just race, ethnicity, or gender. Think about being tall, short, older, younger, etc.

Bias has consequences across our daily lives, from education to business to economics and the law. Take this opportunity to make the best, most equitable, decisions you can. Start with the Harvard University’s implicit bias test.

Mentioned in This Episode:

Law360 Article, Diversity, Equity, and Inclusion (free registration required)

Implicit Association Test (IAT), Harvard University

American Bar Association, “Implicit Bias Videos and Toolkit”

New York Times, “Why Many CEOs Are Tall People? The Height Of The Matter” (registration required)

The Economic Times, “The Necktie Syndrome: Why CEOs Tend To Be Significantly Taller Than The Average Male”

“Thinking Fast and Slow,” Daniel Khaneman

“Blink, The Power of Thinking Without Thinking,” Malcolm Gladwell

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