Unconscious Bias

Session on “Unconscious Bias Theory in Employment Litigation”. March 15, 2007. Session sponsored main speaker was Charles Kennedy.

This session concerned the growing use of the Theory of Unconscious Bias” by plaintiff Attorneys in race, gender and age discrimination cases.

The basic theory is that any person unconsciously discriminates against any other group, so they must be “guilty” of discrimination and use of stereotypes.

Regardless of what I think of this, it is something that I need to prepare for.

Some means of dealing with “Unconscious Bias Theory” area:

A. Conduct an Internal Audit

1. Conduct an Internal Audit by analyzing decision making processes in eight key areas of an employment career path to find possible problem areas. These include recruitment, hiring, compensation, training, performance evaluations, promotions, discipline and terminations.

2. Analyze your organizational structure to identify the potential for systemic bias in any of the decision making problems

3. Analyze employment practices and procedures to identify any possible different treatment with regard to woman, minorities etc.

ACTION TAKEN: I discussed this with our personnel consultant. She prepared an amendment to the Personnel Policy to include “unconscious bias” on stereotypes and is looking at our personnel system.

Even though we are small, I will also insure representatives of all groups are included as much as possible in employee interviews etc.

She is also starting an outside audit of our procedures.

B. Develop Opportunities for Inclusion

1. Expand EEO and antidiscrimination policies and practices to prohibit discrimination/adverse actions based on STEREOTYPES in addition to other prohibited practices.

2. Encourage high employment involvement by coaching, mentoring and team-based work arrangements to include participation of all employee groups.

3. Implement a peer-review system to establish accountability and review of employment related decisions.

As noted previously, this has started.

C. Recruitment and Hiring

1. Establish objective hiring standards and criteria for each position.

(This has been completed although we will review it and consider under the “unconscious bias” concept.)

2. Set up a “blind applicant” review system where names and addresses of applicants are removed etc.

(This may be a good idea, but we are too small to make this realistic.)

D. Performance Reviews

1. Make sure all jobs have specific duties, functions and competences relevant to each position and create objective, job-related qualifications and job descriptions for each position. Skills, experience and qualifications necessary to perform the specific job related responsibilities and functions should be identified.

(The City of Lakeland has basically completed this and it is under constant review.)

2. Develop mult-rater evaluation systems and methodologies for Performance Reviews and consider 360 degree rating systems.

(This is something we need to consider. It will be difficult and expensive to implement, but may be worth it. I have tried rudimentary such evaluations in the past and found them helpful, but there would not have met criteria as valid evaluations.)

E. Job Assignments, Promotions and Compensation

1. Develop specific criteria for each position (skills, experience and qualifications) and specific criteria for advancement and/or promotion.

(This has been completed, but needs to be developed for pay raises.)

2. The City should clearly state how wage and salary adjustments are made, the specific objective criteria that must be met to receive a merit wage increase.

Experience for the position, and what procedures employees must follow to be considered.

(I noted our current postings do not include specific procedures on how to apply! We wil change this.)

E. Discipline and/or Discharge Decisions

1. Train Managers and Supervisors who discipline on the risks of bias and stereotypes and make sure decisions are consistent and based on objectives facts.

(Basically, we do this on an on-going basis.)

2. Monitor all decisions and discharge decisions to insure consistent objective decisions.

3. Use a checks and balance system (discipline and discharge decisions are made and then reviewed by another person.)

(We do this now, since I review all decisions. However, my decisions are not reviewed, although I do use a human resource person to review such decisions with for consistency etc. before they are implemented.)

4. Use peer review for discharge and discipline decisions.

F. Training

. 1. Train Managers in implementation of consistent decisions.

2. Incorporate the theory of “Unconscious bias” into all train so all personnel understand the potential impact of this subtle form of discrimination.

(We have started including this in all training.)

The presenter also emphasized the following:

1. Write down the steps of hiring and promotion process.

2. Utilize written tests. Written tests “are your friend” if the tests are relevant to the job and validated.

-Some tests are: (1) Skill tests; (2) Tests of “emotional intelligence”

3. Keep a “wide funnel” (Maximize opportunity, don’t unnecessarily screen people out.

I really like these thoughts and plan on implementing them as much as I can.

Overall, this seminar was very thought provoking and has a lot of action items.