Unconscious Bias Theory in Employment Discrimination Litigation

Deborah, an African American woman, worked as an administrative assistant for her employer for several years. She consistently received positive performance reviews until she came under the supervision of a new administrative director, Joan, who is white. One of only a handful of minority employees, Deborah became subjected to increased scrutiny by Joan, who singled her out by requiring her to document her use of time at work. Relations were strained between the two, culminating in Deborah’s termination for failure to meet with Joan to discuss her job responsibilities. Joan’s stated reason for terminating Deborah appears pretextual given that Deborah agreed to meet with her; because Deborah felt harassed, she had requested the presence of a supportive direct supervisor, a move recommended by the employee manual. Deborah has aled a Title VII race discrimination complaint against her employer in federal district court. Complaints of race discrimination against the employer have also been aled by at least two other minority employees.