We all know that it is unlawful-and bad business-to consider an applicant's or employee's gender, race, color, religion, etc. in making a hiring or promotion decision. But sometimes we do so implicitly-that is, without conscious awareness. This may raise legal issues and it most certainly raises business/HR issues. This session focuses on types of implicit bias that may infect hiring and promotional processes. Tests to uncover implicit bias also are explored, as well as the sometimes unconsidered risks of those tests. The training includes a discussion of options to help bring unconscious bias to conscious awareness without creating discoverable data that can be used against the organization. Because promotions are often tied to evaluations, particular attention will be paid to implicit bias in appraisals.
Learning Objectives:
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Michael S. Cohen, J.D.
Partner
Duane Morris, LLP
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Michael S. Cohen is a partner in Duane Morris’ Employment, Labor, Benefits and Immigration Practice Group. Michael concentrates his practice in the areas of employment law training and counseling. He has trained and counseled employers throughout the country on subjects including harassment prevention; diversity, equity and inclusion; combatting implicit bias; performance management; discipline and discharge; hiring and recruiting practices; performance evaluations; FMLA, ADA and FLSA compliance; leave of absence policies; LGBTQ+ issues in the workplace; substance abuse testing; workplace violence; records retention; conducting background checks; and more. Michael also has conducted investigations into claims of harassment and discrimination and has drafted employee handbooks, employment agreements, non-compete agreements and post-termination agreements. Michael regularly conducts in excess of 200 trainings each year. He has represented clients throughout the country in EEO and other administrative proceedings.
Michael has been cited as a national authority on employment issues by The New York Times, The Associated Press, USA Today, MSNBC.com, HR Magazine, SHRM On-Line, Employment Law 360, Inside Counsel Magazine, as well as many other publications. Michael serves as an Advisory Board Member of GenHERation and as a Board Member of Serve, Inc. Michael is a 1997 magna cum laude graduate of Temple University Beasley School of Law and a cum laude graduate of the University of Pennsylvania.