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Expert Analysis

Implicit Bias' Questionable Role In Employment Litigation

By James McDonald Jr. (September 18, 2017, 2:32 PM EDT) -- Implicit bias has as its premise the notion that people do not always have conscious, intentional control over the processes of social perception, impression formation and judgment that motivate their action.[1] In other words, one might consciously (and genuinely) disavow bias yet still be guided by it unconsciously to an extent. Implicit bias has enjoyed a sustained focus of research and analysis in academia, and it is an increasingly popular topic of discussion among employment lawyers. Whether implicit bias as a concept has any usefulness in employment litigation is not at all clear, however....

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