The vast majority of employment discrimination cases involve an employer’s alleged bias (race, gender, religion, age, disability) resulting in an adverse employment decision (non-hiring, non-promotion, retaliation, firing.

Human beings, social science teaches, have one or many biases that may be conscious (we believe certain negative traits about certain people) or unconscious/implicit bias (we make decisions or take actions because of a person’s differences, without realizing it).

Inc. magazine ran an article discussing unconscious bias.  It appears that Marty and Nicole, a male and female editing service team, shared the same email inbox. Marty received email from a customer that was rude, dismissive, and ignored his questions. Marty was angry, and then he noticed that his communications had gone out signed as his partner, ‘Nicole.’

• The next message was signed with his true name, claiming to be taking over for Nicole. What happened? “IMMEDIATE IMPROVEMENT. Positive reception, thanking me for suggestions, responds promptly, saying ‘great questions!’ Became a model client. Note: My technique and advice never changed. The only difference was that I had a man’s name now.”
• Marty and Nicole agreed to experiment and switched names in their correspondence to clients for two weeks to see if this was a fluke. It wasn’t. In a tweet Marty summed up his two weeks, “I was in hell. Everything I asked or suggested was questioned. Clients I could do in my sleep were condescending. One asked if I was single.”
• Nicole stated she had the most productive week of her career.
• Marty stated, “I wasn’t any better at the job than she was, I just had this invisible advantage.”

Marty got more respect and cooperation because the clients thought he was a man.  This is implicit bias. Women in the workplace complain that men are more likely to be hired and promoted, be paid more, and be more likely to reach upper management.

Our implicit biases show themselves in subtle and not so subtle ways, whether they’re based on age, sex, color, disability, religion or anything else that rubs our subconscious the wrong way. We may include or exclude certain people or perspectives and treat those around us in negative ways without realizing we’re doing anything at all.

If you’re a male manager or employee, you need to inventory the following, to see if there are ways you can help your female colleagues level the playing field:

• Do you challenge, rudely question, or diminish female colleagues, managers or staff?
• Do you make an effort to hire and promote women into upper management?
• If a woman is interrupted while speaking, especially by a male, point it out and make space for her to make her point. Stand with her if it seems like someone wants to steal her idea.

If you’re a female manager or employee, you need to inventory the following, to see if there are ways you can help your female colleagues level the playing field:

• Do you permit others, especially men, to challenge, rudely question, or diminish female colleagues, managers or staff?
• Do you make an effort to hire and promote women into upper management?
• If a woman is interrupted while speaking, especially by a male, point it out and make space for her to make her point. Stand with her if it seems like someone wants to steal her idea.

Employment discrimination is socially unacceptable, in addition to being illegal. It’s easier for gender discrimination to take place in an atmosphere where women aren’t given opportunities or shown respect in ways subtle and overt. You can play your part in addressing this problem by recognizing your own biases and speak up against poor treatment when you see it.

If you have a crisis or concern about discrimination in the workplace, contact the experienced employment attorneys for workers at Hanan M. Isaacs, P.C., at 609-683-7400, or contact us online to set up a near-term reduced fee initial consultation at our Central Jersey location in Kingston.  We will listen to your facts, explain the law and recommend your best pathways to monetary and social justice.  Call today. You will be glad you did.