I never really thought about Implicit Bias being the flip side of Diversity or of Diversity being the antidote to Implicit Bias until I read two articles recently. One was in the December 2015 issue of the American Bar Journal (ABA) entitled “Battling Bias” by Stephanie Francis Ward discussing a housing decision handed down by the U.S. Supreme Court in June 2015 ( Texas Department of Housing and Community Affairs v Inclusive Communities Project, – U. S. -,135 S. Ct. 46, 189 L. Ed. 2d 896 (2014) ) in which it was alleged that “… the department disproportionately gave tax credits to developers of low-income housing in minority inner-city Dallas neighborhoods, while denying the credits in suburbs with large white populations. (Id. at 15.) This practice, according to Justice Kennedy, created disparate impact liability which is a way to uncover unconscious prejudices, animus or discriminatory intent. Or, in short, to uncover implicit bias. ( ““Implicit bias” is a term of art referring to relatively unconscious and relatively automatic features of prejudiced judgment and social behavior.” http://plato.stanford.edu/entries/implicit-bias/ )
The article then discusses how judges have lately gotten on the band wagon to recognize implicit bias within themselves through training and to work to prevent it in the matters they handle. (Id. at 15-16.)
Then, the New York Times published an article on December 9, 2015 regarding the affirmative action case, Fisher v University of Texas (Case no– 14-981) that was being argued in the U. S. Supreme Court that day. Ms. Fisher sued the University of Texas at Austin when the latter rejected her application because of her race. According to the article (“Diversity Makes You Brighter” by Sheen S. Levine and David Stark), Ms. Fisher contends that “… diversity may be achieved in other ways, without considering race.” (Id.)
The authors discuss their research which not only validates this point but shows that,
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