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Peter Murphy Comments on Implicit Bias

Trends in Workplace Bias Law Keep Employers on Their Toes

LexisNexis Corporate Law Advisory

January 8, 2015

Peter Murphy is featured in a LexisNexis Corporate Law Advisory newsletter article entitled, "Trends in Workplace Bias Law Keep Employers on Their Toes." 

Creeping into discrimination cases around the country is an argument that a workplace discrimination claim can be established through evidence of implicit bias, according to Peter.  A typical race discrimination case could be based on an argument that: “He’s white, I’m black, and you promoted him, so you discriminated against me on the basis of race.” Employers are familiar with the ways a plaintiff would normally try to prove such a race discrimination claim. For example, a plaintiff may rely on objective evidence such as alleged racist comments by a supervisor, differences in credentials of the applicants, or even shifting reasons for the promotion decision. According to Murphy in the absence of such evidence, the implicit bias argument attempts to prove a race discrimination claim through a decision maker’s purported unconscious beliefs and biases.

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