Implicit Bias: The Silent Killer Of Diversity In The Legal Profession

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“It’s beauty in the struggle, ugliness in the success / Hear my words or listen to my signal of distress.” – J. Cole

According to the Sentencing Project, “If current trends continue, one of every three black American males born today can expect to go to prison in his lifetime, as can one of every six Latino males — compared to one of every seventeen white males.” Cornell Law School notes, “Race matters in the criminal justice system. Black defendants appear to fare worse than similarly situated white defendants. Why? Implicit bias is one possibility… Judges hold implicit racial biases. These biases can influence their judgment.”

In other words, justice is not blind. Unconscious racial bias can lead to racial inequality. It is important to be conscious of our hidden biases, but as Stanford Law School points out, “The goal of racial justice efforts should be the alleviation ofsubstantive inequalities, not the eradication of unconscious bias.”

Implicit or unconscious bias is a mental shortcut “that fills in gaps in our knowledge with similar data from past experiences and cultural norms.” It is a normal part of how we make decisions. Unconscious racial bias pervades our law, education, and politics. It is not always a bad thing, but it often tends to be negative. National Public Radio notes, “There are big racial differences in how school discipline is meted out: students of color are much more likely to be suspended or expelled than white students, even when the infractions are the same.”

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Be aware, be altruistic, speak up

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By: Trina Chu

I believe that Dr. Kristie Dotson’s position on the question of diversity and racial justice is that we should care about racial justice: we should “wake up” or be aware of the various movements that advocate for equality and justice for all. I agree with this position and would like to add that to have a just world we must not only be aware but also speak up. But first, we should have a shared understanding of the words “racial justice,” “social justice” and “diversity.”

What do these words really mean?

Superficially, “racial justice” means any law should be administered or enforced impartially, fairly and equally regardless of one’s race. On a deeper level, it means any act, any type of treatment towards an individual should be color blind, e.g., school admission policies, employment hiring, administration of justice, etc. These should all be carried out without preference based on one’s skin color or ethnicity. “Social justice” means any social program must be carried out without preference of one group over any other based on one’s skin color, nationality, economic and social status, gender, age, etc. On a deeper level, “racial justice” is part and parcel of “social justice.” And “diversity” is defined by Miriam-Webster dictionary as “ the quality or state of having many different forms, types, ideas, etc.; the state of having people who are different races or who have different cultures in a group or organization.”

We will not be able to freely and openly discuss anything about a just world in terms of racial, social justice and diversity until we all agree on the definitions of these words. Thereafter, we can have a racially just world, but only, if we all are aware, speak up, and live and breathe altruistically like Jesus or Buddha, a good Christian or good Jew, Buddhist or altruistic atheist, good Muslim, etc. We must live not for just ourselves, but for others as well. Everyday. Can we live and act altruistically everyday? We must strive to.

Founding and participating in the various, mentioned, social movements are just one way to bring about a racially just world. Another is to speak up — be a more involved citizen. Racism and social injustice exist because we fail to prevent it by not partaking in our civic duties.

On average, only 40 percent of the U.S. population voted in most local, state, and national elections. You can’t complain you’re discriminated against and that the justice system incarcerates 80 percent to 90 percent more minorities than whites if you don’t get out and vote for the right persons to the district attorney office and the judicial seats.

When you’ve experienced discrimination and racial, social prejudices, speak up. Speak up by telling people about your experiences, getting legal representation to obtain your legal protections, writing to your newspapers, voting out self-interested officials, voting for term limits for all elected offices, running for public offices, etc. Speak up and be the change you want to see.

Source: http://www.shreveporttimes.com/story/opinion/guest-columnists/2015/02/05/aware-altruistic-speak/22947171/

Tech Industry Leaders Are Beginning To Accept The Diversity Challenge; U.S. Law Partners Should Do The Same

diversity diverse workforce business law firm minority lawyers“The sky is falling, the wind is calling / Stand for something, or die in the morning.” – Kendrick Lamar

During the Computer Electronics Show (CES) this month, Intel CEO Brian Krzanich pledged $300 million to increase the company’s workforce diversity.  In his keynote speech, Krzanich stated, “It’s not good enough to say we value diversity and then underrepresent women and minorities. Intel wants to lead by example.” Which law firms this year will also lead by example?

Krzanich did not set any specific quotas. Instead, he stated that Intel’s goal is “full representation” of women and underrepresented minorities in the company’s U.S. workforce by 2020, including more diversity across senior leadership positions. As highlighted by Time, “Silicon Valley has long been considered a boy’s club, with major tech companies like Twitter and Google revealing demographics that skew toward white, male workers.” Is the legal profession any different?

Sheryl Sandberg, Chief Operating Officer of Facebook, has become a powerful voice for women in the science and technology fields. Sandberg recently stated, “No industry or country can reach its full potential until women reach their full potential. This is especially true of science and technology, where women with a surplus of talent still face a deficit of opportunity… I know from my own experience that the path to change is best traveled when we travel together.Many agree with Sandberg that diversity makes teams smarter, leads to better decisions, and helps groups solve problems more effectively. Who among the Am Law 200 managing partners is willing to be the voice for diversity that the legal field so desperately needs?

The “brogrammer” culture of the tech industry was reaffirmed when Google released its diversity statistics last year. The report revealed what many believed – the tech industry doesn’t welcome and often shuts out women and minorities. This indistinct sense of a “culture fit” is commonly recognized as an unconscious bias that pervades the tech industry. How does this hidden bias affect our industry? Since Google divulged its diversity statistics last May, it has launched several initiatives to get young students more interested in coding. Google also plans on administering an unconscious bias training program to promote an unbiased and inclusive place to work. What is preventing the majority of law firms from implementing these same type of policies?

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