Practical steps to overcoming unconscious bias in employment

Unconscious or implicit bias is when subconsciously held ideas and stereotypes affect how we perceive and treat the people around us. Some unconscious biases originate when we are young and become more ingrained over time. Even though many people are unaware of these biases, they can still have a significant and harmful effect on employees and businesses. Our Employment Law team today reviews how unconscious biases can affect employers’ decision making and offers some ways to overcome unconscious bias.

What types of unconscious bias are there?

When an employer decides to hire someone based on a “gut feeling” that they will “fit in well”, there is a risk that the employer is influenced by affinity bias and is favouring a candidate with similar background and experiences to employees already on the team. Affinity bias is one example of how biases can hinder efforts to create a diverse workforce which in turn may have negative consequences on business’ performance. One way to mitigate the effect of affinity bias is to be aware of it. When screening and interviewing candidates, make notes of the similarities you share and focus on the unique skills and qualities that will make the candidate a valuable addition to your team.

Hiring decisions may also be influenced by name bias. Studies have found that people with Anglo sounding names are more likely to be called for an interview than candidates with African or Asian sounding names. A similar phenomenon has been observed with gender, where candidates with female names are perceived as less competent than those with masculine names, despite having equal skills and qualifications. When unconscious biases are linked to protected characteristics, such as race and gender, there is a risk that employers may face a discrimination claim in the Employment Tribunal. Discrimination claims can be very costly to employers, both in terms of the compensation awarded and in the hit to their reputation.

How can I overcome the risks of unconscious bias in recruitment?

To mitigate the risk that unconscious biases will influence recruitment decisions, employers can conduct blind screenings of applicants’ CVs. A neutral third party who will not be otherwise involved in the recruitment process should remove details of applicants’ CVs that may indicate protected characteristics such as:

• names;
• the year they graduated university;
• membership in certain clubs or teams (e.g. women’s football team)

Employers may also be able to use algorithms to help sift through large numbers of applications, but as discussed in a previous article about using AI technology in recruitment, even computers are not immune to human biases and such technology should be used with caution.

Other biases, such as beauty bias (where conventionally attractive people are more likely to be promoted or earn higher salaries), may not be discriminatory under the Equality Act 2010 but can still hurt businesses by causing employers to overlook talented candidates. The effects of beauty or height bias can be mitigated by having structured interview processes and questions so that candidates are compared fairly. Some employers may also consider having a first round of interviews over the phone rather than in person or via video.

It is generally accepted that everyone has some unconscious biases, and one of the keys to overcoming them is to acknowledge their existence and the effect they have on our perception of the people around us. If you have questions about unconscious bias and discrimination under the Equality Act 2010, contact our Employment Team today by emailing employment@warnergoodman.co.uk or call 023 8071 7717.

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ENDS

This is for information purposes only and is no substitute for, and should not be interpreted as, legal advice.  All content was correct at the time of publishing and we cannot be held responsible for any changes that may invalidate this article.