theGrio

Back to the Top

Main menu

Skip to primary content
Skip to secondary content
  • Home
  • Entertainment
    • Music
    • The Dish
  • Health
    • Ask Dr. Ty
    • Black Men’s Health
    • Black Women and Breast Cancer
    • Back to School Health
  • Living
    • Travel and Leisure
    • Living Forward
    • Books
  • Politics
    • Perry on Politics
  • Sports
  • News
    • Good News
  • Opinion

News

Iowa judge rejects theory of ‘implicit bias’

by theGrio | April 18, 2012 at 1:35 PM
Comments
Print
gavel-4x3.jpg

Related Posts

  • Denied jobs, blacks test new bias theory
  • GOP officials: Santorum edges Romney in Iowa count
  • Mitt Romney, Rick Santorum in close race in Iowa
  • Obama ahead of Romney in Iowa polls as vote starts
  • Iowa caucus results: Mitt Romney wins by 8 votes

DES MOINES, Iowa (AP) — A judge dismissed a class-action lawsuit Tuesday that claimed Iowa’s state government systemically discriminated against black job applicants by allowing subtle racial bias to creep into virtually every hiring and promotion decision.

District Judge Robert Blink said the plaintiffs failed to prove their “unique legal theory,” which was based on research that suggests Americans inherently prefer whites to blacks, even if they are unaware they do.

The lawsuit, considered the largest of its kind against a state’s civil service system, covered up to 6,000 blacks passed over for jobs or promotions since 2003. It sought millions of dollars in lost wages and court-ordered changes to state hiring practices to better track and eliminate disparities.

Thomas Newkirk, the plaintiffs’ lead lawyer, promised an appeal.

“For those of you who are tired of the state spending its tax dollars on a broken system and knowing that the system will favor people who look like me over people who look like our clients, then you should be disappointed in this ruling,” Newkirk, who is white, said at a news conference. He added: “This is an historic case because it tried to approach discrimination from a different perspective.”

Unlike in typical discrimination suits, the plaintiffs did not argue that black applicants or workers faced overt racism or a discriminatory hiring test. Instead, they claimed managers throughout state government subconsciously favored whites through their decisions about who got interviewed, hired and promoted. They claimed state officials failed to follow their own hiring rules to prevent bias.

The case relied on the theory of implicit bias, which has received growing interest among employment lawyers after researchers developed the Implicit Association Test to test racial stereotypes. Their work has found an inherent preference for whites over blacks in about 70 percent of Americans, including among many who do not consider themselves racist.

University of Washington psychology professor Anthony Greenwald, who developed the test, testified on behalf of the plaintiffs that a similar percentage of Iowa managers likely had preferences for whites and that it could be a cause of hiring discrimination in Iowa.

Blink did not find the testimony persuasive. He said that Greenwald offered no data specific to Iowa and could not estimate what percentage of hiring decisions were the result of stereotyped thinking about blacks. The judge also said implicit bias “merely reflects attitudes” and did not mean discrimination occurred.

“Dr. Greenwald conceded that he would not use the phrase ‘implicit bias’ in writing a scientific article. How, then, should it import more gravamen in the court of law?” Blink wrote.

Greenwald called that nonsense Tuesday, saying the term is appropriate for public consumption but he would use more technical terms in studies. He said the ruling did not discredit the science behind the theory, but used other legal considerations to discard it.

“He’s saying because these studies were not done in the state of Iowa, we can ignore them,” Greenwald said.

Newkirk made a similar point. He said the science was clear that biases were present in Iowa, which is 91 percent white, and that would be one basis for appeal.

Iowa Attorney General Tom Miller, whose office defended the state, praised Blink for rejecting the theory. He noted that much of the case involved blacks who were passed over for jobs after sending in applications in which they did not list their race.

“This thoughtful decision is based on the law and on the facts,” he said.

Miller said the case challenged decisions related to nearly 500,000 applications submitted by 100,000 applicants for more than 20,000 jobs.

Blink said he was aware of the case’s heavy stakes and potentially historic nature, but he said the key questions were whether the legal claim could be allowed and if it was proven. He answered no to both.

He said the plaintiffs failed to challenge a particular practice that was discriminatory, an element required under state and federal law. And he said the data showed wide discrepancies in the hiring of blacks at different agencies, with some appearing to disadvantage blacks but others appearing to favor them. He also noted the number of black managers had increased over time compared to whites.

Blacks also fare better when applying for public employment in Iowa than the private sector, he said, which could prove that the state’s merit-based system was working.

Members of the lawsuit said they were disappointed but committed to the appeal.

“I just wanted to have a level field to play on and the state of Iowa didn’t do that and that’s why I became involved in this case,” said Butch Devine, who claims he was unfairly passed over for a job after a 27-year state career. “I don’t go along with the ruling, but we shall keep on fighting. This is just one day. Tomorrow’s another day.”

Copyright 2012 The Associated Press.

  • judge_jessica_recksiedler.jpg
    Next Story:

    Judge Recksiedler quits Travon Martin case, cites conflict

  • nnemkadi-ogwumike.jpg
    Previous Story:

    Nnemkadi Ogwumike taken No. 1 by Sparks in WNBA draft

Filed in: News, Top Stories | Related Topics: Discrimination, Implicit Bias, Iowa, Judge, Lawsuit, Racism, Robert Blink
  • Learn about our User Panel

    Read More
  • New Stories on theGrio

    • ‘Sopranos’ star James Gandolfini dead ‘Sopranos’ star James Gandolfini dead
    • On Frederick Douglass: No progress without struggle On Frederick Douglass: No progress without struggle
    • Juneteenth celebrations commemorate the end of slavery Juneteenth celebrations commemorate the end of slavery
    • ‘House of Curves’ host defends show ‘House of Curves’ host defends show
    • Zimmerman jurors asked about neighborhood watch
    • Blogging While Brown conference coming Friday to New York City
    • The top 5 rap lyrics of the week
    • Victim’s mother spends 20 years fighting police brutality
  • What Your Friends Are Reading

  • More from theGrio

More Stories on theGrio

Top News

Politics

  • Vice President Joe Biden (L), Interior Secretary Ken Salazar (2nd-L) and others react after U.S. President Barack Obama signed a bill designating the First State Monument, in Delaware, a National Monument, during a bill signing ceremony in the Oval Office at the White House on March 25, 2013 in Washington, D.C.  (Photo by Kevin Dietsch-Pool/Getty Images)

    White House fight for gun control is far from over

  • House takes up far-reaching anti-abortion bill

  • Jesse Jackson Jr. wants to serve prison time before wife

  • First lady inspires youth of Ireland

» Read More in Politics

Business

  • This May 1, 2013 file photo shows Jay-Z at "The Great Gatsby" world premiere at Avery Fisher Hall in New York.  (Photo by Evan Agostini/Invision/AP, file )

    With Samsung, business is booming for Jay-Z

  • Jay-Z announces new album

  • Dunkin' Donuts: Workers who endured racist rant will be 'honored'

  • Greene Scholars seeks to place black youth in STEM jobs

» Read More in Business

Living

  • Attendees at the Boston Prostate Cancer Educational Symposium, June 16, 2013

    Churches saving lives, not just souls

  • Climate change vs. black America

  • Serena Williams works teeny bikini on Miami Beach

  • Daughter inspires mom's natural hair care company

» Read More in Living

Inspiration

  • Ethel “Ellie” Hylton

    Woman graduates with highest GPA at Harvard

  • Ne-Yo: Fatherhood 'means being there'

  • Adele honored by Queen Elizabeth II

  • Man finds father through Facebook

» Read More in Inspiration

Entertainment

  • Kanye West (Getty)

    Kanye's 10 career defining songs

  • Vin Diesel talks new 'Riddick' film

  • 'Dark Girls' set to debut on OWN

  • Scott Disick plays 'American Psycho' for Kanye

» Read More in Entertainment

News

  • This undated family photo shows Aiyana Stanley-Jones, 7, who was shot and killed Sunday, May 16, 2010, by a shot from a Detroit police officer during a raid to arrest a murder suspect (AP Photo/Family Photo via The Detroit News)

    Jury can't reach verdict in Aiyana Jones shooting case

  • Surfer shot at during Dorner hunt files lawsuit

  • 911 call debated at Zimmerman trial

  • Mom seeks help to find son's killer

» Read More in News

Main menu

Skip to primary content
Skip to secondary content
  • Politics
  • Living
  • Video
  • Inspire
  • Health
  • Entertainment
  • News
  • Terms of Service
  • Privacy Policy
  • Advertise with TheGrio
  • About
©2013 NBCUniversal
Powered by WordPress.com VIP