And Provides Us With A Legislative Update . . .
Molecule Man. Edward R. Roybal Federal Building.
Implicit bias is a hot topic that is, or should be, of concern to mediators, arbitrators, judges, attorneys, and clients. Mediator Phyllis Pollack, who also lectures about ADR ethics at the USC Gould School of Law, spoke to United States District Court panel mediators about implicit bias at the Edward R. Roybal Federal Building & US Courthouse in Los Angeles on January 9, 2020, Pres. Richard Nixon's 107th birthday.
Pollack defined implicit bias as:
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- a preference for a group (positive or negative) often operating outside our awareness
- based on stereotypes and attitudes we hold
- tending to develop early in life and
- tending to strengthen over time
Pollack mentioned three legislative developments relevant to the subject of implicit bias:
1. The California CROWN (Create a Respectful and Open Workplace for Natural Hair) Act (SB 188), approved by the Governor on July 3, 2019. The purpose of this law is to prevent discrimination based on hairstyle, based on the belief that hairstyle can be a proxy for race. The new law explains the Legislature's intent: "Acting in accordance with the constitutional values of fairness, equity, and opportunity for all, the Legislature recognizes that continuing to enforce a Eurocentric image of professionalism through purportedly race-neutral grooming policies that disparately impact Black individuals and exclude them from some workplaces is in direct opposition to equity and opportunity for all."
Erich Honecker receives Angela Davis displaying influential hairstyle (1972). Wikimedia Commons. Peter Koard, photographer. German Federal Archives.
2. AB 242, approved by the Governor on October 2, 2019, will require implicit bias training for attorneys, as well as for all court staff who interact with the public. The new law will require attorneys to meet the requirements for each MCLE compliance period ending after January 31, 2023.
3. SB 41, approved by the Governor on July 30, 2019, will prohibit the estimation, measure, or calculation of past, present, or future damages for lost earnings or impaired earning capacity resulting from personal injury or wrongful death from being reduced based on race, ethnicity, or gender.