Implicit Bias Training Webinar

Introduction

• Title: Implicit Bias Training: Does it help combat racism or is it racist?
• Sponsor: ABA Section of Civil Rights and Social Justice
• Purpose: Discuss the effectiveness and implications of implicit bias training.
• Moderator: Beth Wittenberg
• Panelists:
  • Honorable Bernice Bowie Donald, Judge of the U.S. Court of Appeals
  • Ted Small, Lawyer and DEI Facilitator
  • Sarah Redfield, Professor Emerita, University of New Hampshire School of Law
  • Mark Shipman, Employment Law Expert

Key Discussion Points

Implicit Bias

• Defined by Sarah Redfield:
  • Implicit: Learned and absorbed unconsciously.
  • Explicit: Deliberate opinions.
• Implicit bias is introspectively not known, meaning we may not be aware of the biases we hold.
• Evidence of implicit bias exists in societal disproportionalities and can be measured by tools like the Implicit Association Test (IAT).
• Acknowledging implicit bias does not make one racist.

Executive Order Context

• On September 22, 2020, Donald Trump issued an executive order against promoting race or sex stereotyping or scapegoating.
• Trump's view: Implicit bias training is inherently racist.
• Sarah argues implicit bias is real and important.

Training vs Facilitation

• Ted Small: Facilitates candid discussions rather than traditional training.
  • Facilitation: Engaging willing participants in a discussion.
  • Training: More lecture-based, can be perceived as morally superior.
• Racial sensitivity training versus implicit bias training discussed.
• Importance of addressing race directly in these discussions.

Legal and Policy Implications

• Mark Shipman: Discusses California legislation requiring implicit bias training for healthcare providers and judges.
• ABA resolution aligns with state laws.
• Importance of training in preventing discrimination in the workplace.

Judges and Implicit Bias

• Judge Bernice Donald: Judges are people and have biases.
  • Discretion in judicial decisions can be influenced by unconscious biases.
  • Training helps judges recognize and mitigate these biases.

Best Practices in Training

• Tailor trainings to the specific audience and situation.
• Avoid blame and shame in discussions.
• Research-based: Use scientific evidence to guide training practices.

Challenges and Solutions

• Addressing biases in positions of power is crucial.
• Ongoing and repeated training is necessary.
• Accountability: Self-awareness and monitoring post-training.

Resources and Future Actions

• Recommended reading:
  • White Fragility by Robin DiAngelo
  • The Color of Law by Richard Rothstein
  • The New Jim Crow by Michelle Alexander
• Encourage personal engagement in further education through literature.

Conclusion

• Acknowledgment of the complex nature of implicit bias.
• Need for continuous dialogue and education.
• Encouragement for ABA membership and participation in future programs.
• Emphasis on safety and active engagement in civil rights work.