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Employ Respons Rights J (2015) 27:271280 DOI 10.1007/s10672-015-9264-7
Stan Malos1
Published online: 25 June 2015# Springer Science+Business Media New York 2015
Abstract A substantial amount of research exists on identifying and combating stereotypes and related biases that may improperly influence employment staffing decisions. Yet, evidence of such biases continues to appear in the reported discrimination cases and poses ongoing liability risks for employers. This paper examines various kinds of workplace stereotype biases, including those related to gender, parenthood, use of family leave, age, disability, and perceived disability, which may improperly influence performance evaluations or employment decisions based upon them. Although the behavioral science in this area has focused largely on combating implicit biases, recent U.S. appellate court cases present direct evidence of more overt biases whose effects should be readily identified and addressed. Possible explanations for the persistence of such biases in the workplace and corresponding actions to reduce or eliminate them are explored.
Keywords Overt bias . Stereotype discrimination
Consider the following quote from a law review article published a decade ago:
BAs employers become more aware of the statutory protections afforded members of protected classes, smoking gun statements [reflecting direct evidence of illegal bias] have become largely a remnant of the past^ (Lee 2005: 482).
Now consider the following excerpts from recent court cases adverse to the employer:
& A female engineer is terminated as part of a Reduction in Force (RIF) by a male supervisor who stated, among other things, that he Bdidnt want women around,^ that women Bwere not worth a shit,^ and that his ex-wife, also an employee at the company, Bshould be at home, not working;^
* Stan Malos [email protected]
1 San Jose State University College of Business, One Washington Square, San Jose, CA 95192-0070,
USA
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272 Employ Respons Rights J (2015) 27:271280
& A highly-rated insurance specialist with four children is passed over for promotion in favor of a lower-rated candidate after being told by her immediate supervisor that Bit was nothing...