Cutting Across the Bias: Teaching Implicit Bias in a Healthcare Law Course (original) (raw)
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Addressing Implicit Bias in the Courts
2013
1. The Open Society Institute, the State Justice Institute, and the National Center for State Courts funded the preparation of this article. The views expressed are those of the authors and do not necessarily reflect the views of the funding organizations. This article summarizes the National Center for State Courts’ project on implicit bias and judicial education. For the full report of the project, see PAMELA M. CASEY, ROGER K. WARREN, FRED L. CHEESMAN II & JENNIFER K. ELEK, HELPING COURTS ADDRESS IMPLICIT BIAS: RESOURCES FOR EDUCATION (2012) (hereinafter HELPING COURTS), available at http://www.ncsc.org/\~/media/Files/PDF/ Topics/Gender%20and%20Racial%20Fairness/IB_report_033012. ashx. 2. Various state-court reports of racial fairness task forces and commissions can be found through the National Center for State Courts’ website at http://www.ncsconline.org/Projects\_Initiatives/ REFI/SearchState.asp. To access the National Center for State Courts’ Interactive Database of State Prog...
A Matter of Fit: The Law of Discrimination and the Science of Implicit Bias
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...
Journal of General Internal Medicine, 2019
BACKGROUND: For at least the past two decades, medical educators have worked to improve patient communication and health care delivery to diverse patient populations; despite efforts, patients continue to report prejudice and bias during their clinical encounters. Targeted instruction in implicit bias recognition and management may promote the delivery of equitable care, but students at times resist this instruction. Little guidance exists to overcome this resistance and to engage students in implicit bias instruction; instruction over time could lead to eventual skill development that is necessary to mitigate the influence of implicit bias on clinical practice behaviors. OBJECTIVE: To explore student perceptions of challenges and opportunities when participating in implicit bias instruction. APPROACH: We conducted a qualitative study that involved 11 focus groups with medical students across each of the four class years to explore their perceptions of challenges and opportunities related to participating in such instruction. We analyzed transcripts for themes. KEY RESULTS: Our analysis suggests a range of attitudes toward implicit bias instruction and identifies contextual factors that may influence these attitudes. The themes were (1) resistance; (2) shame; (3) the negative role of the hidden curriculum; and (4) structural barriers to student engagement. Students expressed resistance to implicit bias instruction; some of these attitudes are fueled from concerns of anticipated shame within the learning environment. Participants also indicated that student engagement in implicit bias instruction was influenced by the hidden curriculum and structural barriers. CONCLUSIONS: These insights can inform future curriculum development efforts. Considerations related to instructional design and programmatic decision-making are highlighted. These considerations for implicit bias instruction may provide useful frameworks for educators looking for opportunities to minimize student resistance and maximize engagement in multi-session instruction in implicit bias recognition and management.
Implicit Bias Recognition and Management: Tailored Instruction for Faculty
Journal of the National Medical Association, 2021
Background: Implicit bias instruction is becoming more prevalent across the continuum of medical education. Little guidance exists for faculty on recognizing and debriefing about implicit bias during routine clinical encounters. Objective: To assess the impact and feasibility of single seminars on implicit bias and the approach to its management in clinical settings. Methods: Between September 2016 and November 2017, the authors delivered five departmental/divisional grand rounds across three different academic medical centers in New York, USA. Instruction provided background information on implicit bias, highlighted its
MedEdPORTAL, 2019
IntroductionThe medical community recognizes the importance of confronting structural racism and implicit bias to address health inequities. Several curricula aimed at teaching trainees about these issues are described in the literature. However, few curricula exist that engage faculty members as learners rather than teachers of these topics or target interdisciplinary audiences.MethodsWe developed a longitudinal case conference curriculum called Health Equity Rounds (HER) to discuss and address the impact of structural racism and implicit bias on patient care. The curriculum engaged participants across training levels and disciplines on these topics utilizing case-based discussion, evidence-based exercises, and two relevant conceptual frameworks. It was delivered quarterly as part of a departmental case conference series. We evaluated HER's feasibility and acceptability by tracking conference attendance and administering postconference surveys. We analyzed quantitative survey data using descriptive statistics and qualitatively reviewed free-text comments.ResultsWe delivered seven 1-hour HER conferences at our institution from June 2016 to June 2018. A mean of 66 participants attended each HER. Most survey respondents (88% or more) indicated that HER promoted personal reflection on implicit bias, and 75% or more indicated that HER would impact their clinical practice.DiscussionHER provided a unique forum for practitioners across training levels to address structural racism and implicit bias. Our aim in dissemination is to provide meaningful tools for others to adapt at their own institutions, recognizing that HER should serve as a component of larger, multifaceted efforts to decrease structural racism and implicit bias in health care.
2013
Author(s): powell, john a; Tropp, Linda R; Goff, Philip Atiba; Godsil, Rachel D | Abstract: In “The Science of Equality Volume 1: Addressing Implicit Bias, Racial Anxiety, and Stereotype Threat in Education and Health Care,” the Perception Institute, a national consortium of social scientists and legal scholars, begins a series of landmark reports to understand this challenge and to provide empirically tested solutions to address it.
[PDF]Implicit Bias in the Courtroom
Given the substantial and growing scientific literature on implicit bias, the time has now come to confront a critical question: What, if anything, should we do about implicit bias in the courtroom? The author team comprises legal academics, scientists, researchers, and even a sitting federal judge who seek to answer this question in accordance with behavioral realism. The Article first provides a succinct scientific introduction to implicit bias, with some important theoretical clarifications that distinguish between explicit, implicit, and structural forms of bias. Next, the Article applies the science to two trajectories of bias relevant to the courtroom. One story follows a criminal defendant path; the other story follows a civil employment discrimination path. This application involves not only a focused scientific review but also a step-by-step examination of how criminal and civil trials proceed. Finally, the Article examines various concrete intervention strategies to counter implicit biases for key players in the justice system, such as the judge and jury.