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Implicit Bias and Employment Discrimination: Avoiding Liabilities in the Hiring, Reviewing, and Disciplining Process

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, March 29, 2023

Recorded event now available

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This CLE webinar will address implicit bias and its effect on employment discrimination, both during the hiring process and the employee review process. Our panelists will guide employment counsel in advising clients on these essential issues.


We each make thousands of decisions every day, many influenced by implicit or unconscious biases, preconceived ideas we formed over our lifetimes due to past experiences and exposure to biased information. By definition, we are not consciously aware of our implicit biases.

These implicit biases can unintentionally affect hiring decisions and employee performance evaluations in the workplace and can cause significant problems. Implicit bias in the hiring or review processes--or even the appearance of that bias--puts employers at risk of being sued for discrimination.

What's more, plaintiffs' lawyers increasingly are using the theory of implicit bias in employment discrimination lawsuits to bolster their clients' alleged claims. Accordingly, employers should consider taking steps to develop and implement policies, procedures, and training to address unconscious bias in the workplace.

Listen as our panel discusses these issues and provides insight to practitioners in how to minimize implicit bias and any related liabilities.



  1. Overview of implicit bias and how to identify it
  2. The interplay between implicit bias and its impact on hiring and employee review and processes
  3. Analysis of emerging plaintiff trend of using implicit bias arguments during employment discrimination litigation
  4. Best steps for employment counsel in advising clients on how to best identify and minimize liabilities caused by implicit bias
  5. Practical strategies for employers to utilize when addressing instances of potential implicit bias


The panel will review these and other relevant topics:

  • What is implicit bias?
  • How does implicit bias impact the workplace and cause potential liabilities?
  • How are plaintiffs in discrimination lawsuits using implicit bias as a litigation tactic?
  • What steps can employers take to identify and minimize implicit bias and its harmful effects?


Maurer, Tracie
Tracie Johnson Maurer

Jackson Lewis

Ms. Maurer has represented employers before numerous governmental agencies and in litigation before the state and...  |  Read More

Sager, Heather
Heather M. Sager

Perkins Coie

Ms. Sager has wide-ranging experience litigating complex wage-and-hour claims, as well as conducting wage-and-hour...  |  Read More

White, Ruthie
Ruthie White

Spencer Fane

Ms. White helps employers resolve labor and employment disputes in and out of court. She has an established track...  |  Read More

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