A Matter of Fit: The Law of Discrimination and the Science of Implicit Bias (original) (raw)

Introduction Integrating the insights gleaned from scientific research into the framework of the law requires courts to appreciate the empirical complexities of the former and the analytical details of the latter. This is no simple feat. It requires juxtaposing the lessons and limitations of science with the demands of the law. This feat has proved particularly nettlesome—or, at least, controversial—in regard to the degree to which scientific research on implicit bias, or stereotypes, helps discrimination claims under Title VII. 1 This subject presents a wide cross section of the challenges endemic to the connection between law and science, including ambiguity regarding the meaning of the law, inherent limitations in studying the subject of implicit bias, enigmatic interpretations of research data, and imperfect correspondence between the reach of science and the precepts of the law. A fair evaluation of the relevance of research on implicit bias demands a clear exposition of the la...