According to a recent article in BusinessWeek, many large class action employment discrimination cases are relying on the notion of unconscious bias, which has been evoked largely by a sociologist named Bielby.
The article states that Bielby has been involved in at least 50 cases, charging $450.00 per hour, and generally earning $30,000 or more per case.
Now, the criticism that is mentioned in this article by defense lawyers is that unconscious bias may operate when the people don’t know each other; but is less likely to occur when the people know each other.
Actually, the research I have reviewed doesn’t support that difference very well. Unconscious biases can affect performance ratings even when the people know each other.
Another implied criticism of unconscious bias, as suggested in some letters responding to the article, is that Bielby’s testimony is the only evidence in these cases! Not so; these cases typically involve statistical evidence showing group differences in pay, promotions, etc. So, to claim that Bielby’s testimony stands alone is incorrect.
Read here for the online version of the article on unconscious bias and Bielby.
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on May 22, 2006
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