Civil Litigation,
Labor/Employment
Dec. 18, 2018
The coming battle over ‘implicit bias’ in employment discrimination cases
Enterprising plaintiffs’ lawyers are increasingly trying to fill the gap by relying upon evidence of purported “implicit bias” to create an inference of discriminatory intent.
Anthony J. Oncidi
Partner
Proskauer Rose LLP
labor & employment
2049 Century Park East
Los Angeles , CA 90067
Phone: (310) 284-5690
Email: aoncidi@proskauer.com
U Chicago Law School
Anthony is chair of the West Coast Labor and Employment Department of Proskauer in Los Angeles.
Plaintiffs in most employment discrimination cases assert and seek to prove "disparate treatment" by the employer. Disparate treatment claims require proof of discriminatory intent on the part of the employer or management. However, because direct evidence of discriminatory intent is rare, enterprising plaintiffs' lawyers are increasingly trying to fill the gap by relying upon evidence of purported "implicit bias" to create an inference of discriminatory intent.
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