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Implicit Bias: Are You Deciding Unfairly Without Even Knowing It?
Implicit or unconscious bias can affect a decision maker in a variety of ways, sometimes without our even being aware that it is doing so.
Imagine this. … you are hearing a case. One party reminds you of your niece. They went to the same school. They talk like your friends. You feel comfortable with them. You do not feel the same with the other party. They seem distant or different. You may not even notice this feeling. That is affinity bias. It is the unconscious pull toward people who seem like us. It can be based on age, gender, race, or education. Even hobbies or how someone speaks can trigger it.
Picture this… you are on a panel. You feel unsure about one issue. The other two members speak with confidence. They agree with each other. You start to question your own view, but you go along with them, even though something still feels off. That is conformity bias; it happens when we shift our thinking to match the group. We may do this to avoid conflict, to finish faster, or because we assume the others must be right. It is common in panels, team meetings, and even training sessions.
You are in a hearing …. you hear two parties describe the same event. Their stories are very different. You think, “One of them must be lying.” But both may be telling the truth—as they saw it. That’s naïve realism, which is the belief that your view of the world is objective and accurate. If others see it differently, they must be confused, biased, or wrong. This thinking ignores that everyone sees things through their own lens—including us.
Picture this…. you are reviewing evidence. A transcription tool shows a clear quote from a recorded call. You take it as fact. But later, you listen to the recording yourself and the words were wrong because the automated tool made a mistake. That is automation bias, which happens when we trust a system or tool too much. We assume it is right because it looks official, fast, or high-tech. We stop double-checking. But even good systems can miss things.
our two cents for free
As a professional regulator, implicit bias can be a problem in our decision-making, affecting procedural fairness and how we weigh evidence and make findings of credibility. The first step in protecting against implicit bias is becoming aware of its existence. Some things to consider:
- Take training that helps you identify and address unconscious bias.
- Encourage each panel member to share their own analysis.
- Double-check automated results against the original source.
- Remind yourself: we all view things through our personal experiences.
- Ask: “Could both parties be telling the truth, in their own way?”
question
As you reflect on your hearing experience, have you found yourself falling into the trap of implicit bias?
Eye on Regulation is RMRF’s monthly newsletter for the professional regulatory community. Each month we offer:
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