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Florida Employment Lawyers > Blog > Discrimination > Unconscious Bias and Diversity, Equity, and Inclusion

Unconscious Bias and Diversity, Equity, and Inclusion

Unconscious Bias and Diversity, Equity, and Inclusion

Without intentionally putting diversity, equity, and inclusion initiatives into place, employers run the risk of allowing unconscious bias to affect their practice. It’s important for companies to make active efforts to prevent discrimination toward employees of marginalized backgrounds.

How does unconscious bias create discrimination in the workplace?

Even employers who believe themselves to be unbiased can create discriminatory workplaces. Affinity bias causes employers to gravitate toward people who remind them of themselves. For example, board-certified employment attorney Cathleen Scott litigated a case against Walmart, representing over 1,000 women who experienced barriers to promotion and pay disparities compared to their male coworkers. In cases like this one, the person who owns or runs a company may hire and promote friends and acquaintances. This can eventually lead to a workplace with a homogenous culture of employees that look the same, act the same, and come from similar backgrounds.

Workplace cultures like this often result in unconscious bias against employees or candidates who don’t fit into a specific, narrow mold. For example, a company with predominantly male employees ends up excluding women, a company with predominantly white employees ends up excluding employees of color, or a company with predominantly younger employees ends up excluding employees over age 40.

How can employers prevent unconscious bias from shaping their workplace?

According to organizational-culture expert Jamie Beale Howe, employers who want to prevent unconscious biases from creating workplace discrimination need to take active steps to examine their policies. For example, employers should check their policies for language that isn’t inclusive to all employees and make sure their systems can be used equitably by everyone. Employers can also implement and participate in diversity, equity, and inclusion training programs. However, it is important that employers use what they learn in these training sessions by updating their policies and procedures, rather than simply checking a box.

How can employers avoid tokenizing their employees who fit into marginalized demographics?

Some employers implement Employee Resource Groups (ERGs) or Affinity Groups, such as a Black Professionals Affinity Group or a Women’s Affinity Group. However, while these programs can create safe spaces for marginalized employees to talk about their experiences, it is also important for employers to listen to what these groups have to say and allow the issues they raise to change the way the company operates.

Without taking active steps to prevent workplace discrimination, employers are at risk of allowing their unconscious biases to affect their companies. If you have been subjected to workplace discrimination or want to make sure your company policies are up to date, contact our Florida Employment Attorneys at Scott Law Team for a consultation.

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