Taking Care of HR Business
        A blog from the attorneys of Verrill

        Support for the Black Lives Matter Movement: Implicit Bias Training (Part 4 of 12)

        by Tawny L. Alvarez on June 19, 2020

        This is the fourth post in a 12-part series on how companies can show support for the black lives matter (BLM) movement by changing company policies and practices. This post focuses on implicit bias and the effect it has on the work environment and choices that leaders can make to help managers recognize their own implicit bias and help to minimize its effect.

        Implicit bias is something that every person has; biases can be good and bad, even though often implicit bias is discussed as having negative effects. Learning what implicit bias is and then accepting and acknowledging the adverse effects they have needs to happen in order for change to occur. What is implicit bias? It is it a collection of subliminal thoughts or notions that individuals have that affect how they process or understand information, the decisions they make, and the actions that they take. There are a multitude of different biases that affect our daily life. As examples:

        • Anchoring Bias: The first piece of information that we hear about a subject often creates an over-reliance on that piece of information. As an example, an applicant goes in for an interview, hoping (non-verbally) that the job pays $60,000 a year. During the salary negotiation the starting offer is $90,000, this has now established a different range of possibilities in the applicant’s mind and an anchoring bias has been created.
        • Confirmation Bias: Drawing conclusions about a person or situation based on beliefs or prejudices. Most individuals have some preconceptions about a situation or a circumstance. Confirmation bias results in employees or applicants only actively listening to the information that confirms that preconception.
        • Outcome Bias: Once you jumped off of a bridge and nothing bad happened; does that mean it’s safe to jump off of the bridge again? This would be an example of outcome bias. An individual is judging the rationality of a current choice or decision based on a previous outcome, not whether the decision at the time was sound or rational.
        • Conservatism Bias: Often people favor previous or prior evidence over new evidence (you know how hard it is to admit we were wrong), the struggles individuals face with accepting new evidence to change their opinion is a form of conservatism bias.

        There are a host of other biases that affect our decision-making, but consider how just these four biases relate to race and attempts to create diversity, equity, and inclusion within your organization. Additionally, consider the following steps:

        • Read more about what implicit bias is. A great starting point is the Ohio State University Kirwan Institute for the Study of Race and Ethnicity
        • Understand your own implicit bias. Take Harvard University’s Project Implicit Implicit Bias Test
        • Schedule Implicit Bias Training. Research local providers in your area who are trained in implicit bias and can provide managers with an understanding of their implicit bias and how it could be affecting their decisions, including:
          • Hiring decisions
          • Promotion decisions
          • Discipline
          • Job and project assignments

        In the past concerns have been raised about acknowledging implicit bias (through tests or trainings) and the effect it could have in Title VII claims. While there is always a possibility (has a lawyer ever not been able to point to some risk in any practice) that these topics could adversely affect future litigation, the positive effects of understanding and attempting to overcome these biases likely outweigh the risk. The science shows that we all have implicit bias, failing or refusing to acknowledge that will not assist in minimizing risks of Title VII discrimination claims.

        In addition to understanding your own implicit bias and how it affects decision-making, other ways you can create policies that lead to actual change include:

        • If you don’t already have one, make sure that you have an Equal Employment Opportunity (EEO) policy that is easily accessible to employees and applicants (this is the bare minimum of what all employers should be doing, but is also the foundation of the process).
        • Train employees on anti-discrimination laws, duties, and policies. If you already perform training, great, but consider ways you can make the training more impactful.
        • Provide third-party intervention training to employees and managers so that they have tools and resources to assist them should they witness racist behavior or microagressions in the workplace.
        • Update your grooming/personal appearance policy to include language that forbids discrimination based on hair style and hair texture.
        • Consider the creation of affinity groups with the purpose of providing a platform/forum for employees to discuss ways in which the company can create a more inclusive and equitable environment.
        • Educate your managers about the differences between diversity, equity, and inclusion.
        • Review past EEO-1 and Affirmative Action Plan (AAP) information to identify places in which the company could be doing better (even if not required by law).
        • Stop referral-based hiring programs as these continue to perpetuate the hiring of non-diverse candidates.
        • Listen to the experiences of black employees and employees of color.
        • Educate your managers and decision-makers about the BLM movement and the injustices experienced by black employees and employees of color.
        Taking Care of HR Business

        Human resource professionals, supervisors, and company executives are constantly confronted with a changing legal landscape. Verrill’s Taking Care of HR Business blog is designed to keep you informed about the latest and most significant legal developments that affect employers.

        Associated People

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Blog

        What is a Bonus for Purposes of ERISA?

        An ongoing dispute about a Department of Labor advisory opinion published last September raises a basic but unanswered question under the ERISA: What...
        Media Mentions

        Verrill Recognized by WMTW for Partnership Supporting Hunger Relief in Maine

        Verrill was recently featured in coverage by WMTW News 8 for its role in a collaborative effort to combat food insecurity across southern...
        Press Releases

        33 Verrill Attorneys, Across Four Offices, Recognized in the 2026 Chambers USA Guide

        BOSTON, Massachusetts, PORTLAND, Maine, WESTPORT, Connecticut, and WASHINGTON, D.C. – Verrill has been recognized as a Leading Firm in 14...
        Blog

        Will the Knicks Beat the Spurs? (Are Prediction Market Event Contracts Gambling?)

        For those of you who like to keep score, currently 18 states are engaged in litigation over prediction markets, such as Kalshi and Polymarket,...
        Alerts and Newsletters

        DOJ Announces Faster Review and Enhanced Enforcement for Benefits-Fraud FCA Matters

        On May 27, 2026, the U.S. Department of Justice (DOJ) Civil Division issued a new memorandum, “Accelerating Review and Enhancing Enforcement in...
        Alerts and Newsletters

        DOJ Announces Minnesota Health Care Fraud Takedown; Signals Intensified Medicaid Enforcement Nationwide

        On May 21, the Department of Justice (“DOJ”) announced a first-of-its kind Minnesota Health Care Fraud Takedown charging 15 defendants, including...
        Media Mentions

        Lauren Galvin Quoted in Massachusetts Lawyers Weekly on Arbitration and Anti-SLAPP Protections

        Verrill Partner Lauren Galvin was recently featured in a Massachusetts Lawyers Weekly article highlighting a notable Superior Court decision...
        Blog

        Section 530A Accounts: What Employers Should Consider Before Offering Contributions to “Trump” Accounts

        Section 530A accounts, commonly referred to as Trump accounts, have attracted attention since the enactment of the One Big Beautiful Bill Act in...
        Blog

        Navigating PBM Reform: Regulatory Changes, Market Shifts, and Practical Guidance for ERISA Fiduciaries

        Pharmacy Benefit Manager (“PBM”) arrangements have long relied on rebates with limited transparency into true drug costs. Recent regulatory and...
        Blog

        DOL’s Proposed Regulation on Selecting Alternative Investments: Broad Implications for 401(k) and 403(b) Plan Fiduciaries

        On March 30, 2026, the Department of Labor issued a proposed regulation purporting to implement an executive order to expand access to “alternative...
        Press Releases

        Verrill Welcomes Private Clients & Fiduciary Services Attorney Gracie Castle

        BOSTON, Massachusetts – Verrill is pleased to welcome Gracie Castle to the firm’s Private Clients & Fiduciary Services Group as an Associate,...
        Published Works

        Francesco De Vito Authors Article in the Journal of the American College of Mortgage Attorneys

        Verrill Partner Frank De Vito authored an article featured in the Spring 2026 issue of The Abstract, the journal of the American College of Mortgage...