16 | HR Connection
Implicit Bias in Hiring
past experiences and influences. While everyone may hold implicit et’s face it; school districts biases to some degree, allowing are always hiring. Every them to influence hiring decisions district sets a high bar when could violate numerous laws, it comes to selecting the best including Title VII of the Civil possible staff. Studies have shown Rights Act of 1964 (Title VII),1 that every person carries implicit the Americans with Disabilities biases, and they can play a big Act of 1990 (ADA)2 and ADA role in the candidates selected. Amendments Act of 2008, the Age What is implicit bias, and how can Discrimination in Employment Act someone ensure they are as bias(ADEA),3 Section 1981,4 Section free as possible when making hiring 504 of the Rehabilitation Act of decisions? 1973 (Section 504),5 and Genetic Biases are prejudices people hold in Information Nondiscrimination Act favor of or against people in a way of 2008 (GINA).6 that’s considered unfair. Implicit UNLAWFUL BIAS IN POLICY bias is defined as unconscious biases, perceptions, stereotypes, and Unlawful Bias in PolicyIt is an beliefs we have developed from our unlawful employment practice for a district to fail or refuse to Emma J. Darling, Associate
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42 U.S. Code § 2000e et seq. 42 U.S.C. § 12101 et seq. 3 29 U.S.C. § 621 et seq. 4 42 U.S.C. § 1981. 5 29 U.S.C. § 794. 6 42 U.S.C. 2000ff et seq. 1 2
hire . . . an individual because of such individual’s: (1) race, color, or national origin; (2) religion; (3) sex; (4) age; (5) disability; or (6) genetic information. Board Policy DAA(LEGAL). There is some important information to know about this policy and the law. First, sexual orientation and transgender status is now protected under sex discrimination. Second, age discrimination is generally only applicable to persons over the age of 40. Third, under religion, it is unlawful to inquire about the religious affiliation of anyone applying for employment at a public school. In practice, an example of this could asking
