The Intersection of Law and Social Justice

By Michael Kasdan

I have dedicated my career to intellectual property law, collaborating with corporations and start-ups on diverse IP matters. In addition to my legal work, I have been involved with The Good Men Project (tagline: The Conversation No One Else Is Having) for over a decade, which has been a passion project for me.

In my legal profession, I primarily focus on patents, technology, litigation, and IP strategy. Conversely, my role at The Good Men Project centers on addressing social and cultural issues related to gender norms, biases, racism, sexism, social justice, and mental health. Initially, I kept these areas separate; however, I later recognized that the discussions we were having were aligned with the workplace concepts of "diversity, equity, and inclusion." Educating individuals on these topics and providing skills to navigate them effectively is vital for creating innovative and sustainable workplaces, whether in law or tech transfer. This aligns with the DEI corporate training workshops we have developed at The Good Men Project, focusing on allyship, culture, and leadership.

Unpacking Unconscious Bias

A significant theme in our discussions is "unconscious bias," which I explored in a recent episode of the Inclusion Evolution Podcast that I co-host with Lisa Mueller. (See Episode 4, Understanding Unconscious Bias). But what exactly is "unconscious bias," and why is it crucial to recognize it in professional settings?

Essentially, unconscious bias refers to prejudices—whether favorable or unfavorable—against individuals, groups, or ideas. Bias is inherently seen as unjust. As humans, we often rely on mental shortcuts to categorize and make swift assessments. While such tendencies can sometimes be beneficial, they can lead to harmful consequences when we base decisions on stereotypes. To address this, we must commit to unlearning these instincts throughout our lives, or at the very least, train ourselves to pause and assess whether our judgments are fair or influenced by bias.

Unconscious bias can be categorized as either conscious/explicit or unconscious/implicit. The latter operates beyond our immediate awareness, often impacting our decisions more profoundly than conscious biases. In a workplace where unconscious bias goes unchecked, inclusivity suffers.

Recognizing and Addressing Bias

Becoming aware of different types of biases is a vital first step toward addressing them effectively. Some common biases include:

• Affinity Bias: The inclination to favor individuals who share similarities with us, such as race, gender, or educational background.
• Attribution Bias: The tendency to undervalue someone's achievements while overemphasizing their mistakes due to preconceived notions.
• Beauty/Height/Weight Bias: Judging individuals based on their physical appearance.
• Gender Bias: Preconceived notions related to gender roles.
• Halo/Horns Effect: The inclination to either idealize or negatively judge someone based on a singular characteristic or experience.

So, what actionable steps can we take to mitigate unconscious bias?

• Acknowledge Your Biases: Accept that everyone has biases, which is part of being human. Consider taking an Implicit Association Test (IAT) to gain insight into your biases.
• Self-Monitoring: Be critical of your initial impressions and emotional reactions toward others. Reflect on whether your decisions are objective or influenced by bias.
• Deliberate Decision-Making: Avoid making hasty judgments, as biases are more likely to surface in quick decisions. Take a moment to evaluate your choices.
• Broaden Your Social Network: Engage with colleagues from diverse backgrounds to enhance cultural understanding and reduce bias.
• Establish Ground Rules: Set guidelines for meetings to ensure everyone has an opportunity to contribute and to address biased behavior.
• Own Your Mistakes: When you err, admit it. Transparency is key in addressing bias.

At the organizational level, these practices translate into:

• Education: Train employees on stereotyping to foster awareness.
• Transparency: Clearly communicate bias mitigation priorities and establish objective criteria for hiring and promotions.
• Accountability: Hold leaders accountable for promoting an unbiased workplace culture.
• Encouraging Dialogue: Foster open discussions on bias and solicit feedback from staff.
• Inclusive Meetings: Ensure all voices are heard during meetings.
• Bias Training: Provide training to educate employees and reassure those who may feel marginalized.

While some view "unconscious bias" training as mere formalities, the truth is that mastering this skill is essential for both individuals and organizations. It is a key leadership competency necessary for cultivating successful, innovative, and resilient businesses.

The first video, Understanding Unconscious Bias in the Workplace, delves into the nuances of unconscious bias and its implications for workplace culture.

The second video, Unconscious Bias at Work — Making the Unconscious Conscious, discusses actionable strategies for recognizing and addressing unconscious biases in professional settings.