Roles for Implicit Bias Science in Antidiscrimination Law

Abstract

Abstract Declining scholarly interest in intentional discrimination may be due to rapid growth of interest in systemic biases and implicit biases. Systemic biases are produced by organizational personnel doing their assigned jobs, but nevertheless causing adverse impacts to members of protected classes as identified in civil rights laws. Implicit biases are culturally formed stereotypes and attitudes that cause selective harms to protected classes while operating mostly outside of conscious awareness. Both are far more pervasive and responsible for much greater adversity than caused by overt, explicit bias, such as hate speech. Scientific developments may eventually influence jurisprudence to reduce effects of systemic and implicit biases, but likely not rapidly. We conclude by describing possibilities for executive leadership in both public and private sectors to ameliorate discrimination faster and more effectively than is presently likely via courts and legislation.