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Defining Unconscious Bias During the Hiring Process

The article explains that unconscious bias in hiring—automatic, unintentional prejudices based on factors like race, gender, or age—persists despite anti-discrimination laws, can lead to illegal discriminatory practices violating EEOC regulations, and has resulted in costly legal penalties for companies such as Walmart.

Hiring bias has existed since recruiting for jobs began. Some bias was out-and-out discrimination, such as the refusal to hire people of color, women, veterans, people with disabilities, and so on. Laws now exist to prevent and penalize discrimination in the hiring process, but unconscious bias is tougher to eliminate.

What is Unconscious Bias?

Unconscious bias, or implicit bias, is prejudice or unsupported judgment for or against another person that isn’t deliberate. Researchers suggest that unconscious bias occurs automatically due to the brain making quick judgments based on past experiences and background. These experiences include upbringing, socialization, exposure to diversity, and media that influence decision-making.

Although everyone has biases, many unconscious biases tend to be exhibited toward minority groups based on factors such as class, gender, sexual orientation, race, ethnicity, nationality, religious beliefs, age, disability, and more. Hiring someone based on a “gut” feeling is a type of unconscious bias.

Examples include assuming a Gen Z candidate will have more computer experience or subconsciously sorting candidates with Anglo-sounding names. Bias, unconscious or not, can cost companies significantly.

How Hiring Bias Creates Compliance Infractions

Any type of hiring bias, whether done consciously or unconsciously, is against the law. The Equal Employment Opportunity Commission (EEOC) prohibits discrimination by employers on the bases of:

  • Age
  • Disability
  • Equal Pay/Compensation
  • Genetic Information
  • Harassment
  • National Origin
  • Pregnancy
  • Race/Color
  • Religion
  • Retaliation
  • Sex
  • Sexual Harassment

Failure to comply with the law can result in penalties and lawsuits. For example, Walmart, Inc. was made to pay $20 million to settle a company-wide, sex-based hiring discrimination lawsuit filed by the EEOC. The lawsuit stated Walmart conducted a physical ability test as a requirement for workers at its grocery distribution centers, which disproportionately excluded female applicants, violating Title VII of the Civil Rights Act of 1964. Such tests must prove necessity for job performance, and even then, are prohibited if alternative practices with less discriminatory effects exist.

Four Types of Bias Common in Recruiting and Hiring

There are several types of biases in recruiting. Here are four of the most common:

Conformity Bias

Conformity bias is based on how people take cues from others on how to behave or act, rather than exercising their own judgment. It can happen due to peer pressure or the need to fit in at work. In recruiting, conformity bias can persuade hiring managers to choose candidates based on who everyone else wants, instead of who they think is best.

Halo Effect

The halo effect is a stereotype where an overall impression of a person influences how we feel and think about their character. Perceptions of a single trait, like attractiveness, carry over to other aspects, such as intelligence or humor. For example, finding someone attractive may lead to assuming they are also nice and smart, even if that’s not the case. This bias can cause recruiters to overlook red flags and focus only on one positive trait.

Affinity Bias

Affinity bias is the unconscious tendency to get along with others who are like us. It is easier to socialize and spend time with people we have something in common with. In recruitment, hiring managers may choose candidates simply based on attending the same school or knowing the same people, which isn’t relevant to their ability to do the job.

Affect Heuristics

The affect heuristic is a bias where people take mental shortcuts to reach a conclusion about a person, heavily influenced by current emotions. For example, a recruiter in a bad mood might quickly judge a candidate based on superficial factors like size, clothing, tattoos, or even their name.

How to Remove Unconscious Bias from the Hiring Process

While unconscious bias is widespread, hiring managers can take steps to decrease its effect:

  1. 1.Be Aware of Unconscious Bias: Accept that biases exist, even if you’ve taken actions to increase diversity or are from an underrepresented community. Recognize and address affinity bias, which favors candidates similar to oneself.
  2. 2.Reduce Influence: To counteract conformity bias, ensure hiring managers make their own assessments before seeing others’ opinions. For example, Microsoft made feedback private until after individual assessments were completed.
  3. 3.Use a “Flip it to Test” Approach: Ask yourself if you’d feel the same way about a candidate from an underrepresented background if they were similar to your typical hires. This helps identify unconscious bias.
  4. 4.Remove Bias in Job Descriptions: Eliminate language that could lead to hiring based on gender. Use gender-neutral terms like “the candidate” or “the applicant.” Avoid masculine or feminine skewed language.
  5. 5.Reward Referrals of Diverse Candidates: Employee referral programs can perpetuate affinity bias if the workforce lacks diversity. Incentivize referrals of candidates from different backgrounds.
  6. 6.Give Work Sample Tests: Use work sample tests to assess candidates’ abilities. These are more accurate than personality or aptitude tests and focus on relevant skills rather than age, gender, or race.
  7. 7.Use AI in Recruiting: AI can help eliminate unconscious bias when parameters are set correctly, focusing on education or skills. AI can sort resumes without considering names, age, or gender, and can improve efficiency and diversity in candidate selection.

Automating recruiting efforts with an Applicant Tracking System (ATS) that utilizes AI can reduce unconscious bias and help maintain compliance. Arcoro’s Recruiting AI and Texting tools can communicate with candidates 24/7 and screen candidates based on customizable questions with learned responses, not biases.

Arcoro’s AI can be programmed to sort candidates based on location, education, skills, and other parameters, without judging on race, gender, or sexual orientation. Once qualified candidates meet your criteria, the AI assistant improves the candidate experience by keeping communication open, answering questions, scheduling interviews, and more.

Arcoro’s AI benefits both managers and candidates by:

  • Scheduling interviews and integrating with internal calendars
  • Sharing company information and answering candidate questions
  • Deploying outbound campaigns to recruit for upcoming staffing needs
  • Pre-screening candidates with configurable pre-qualifying questions
  • Gathering candidate information quickly via web or text-based chats
  • Gathering employee referrals through text-based submissions

Once the candidate applies, Arcoro’s ATS automatically stores their application and resume, allowing hiring managers to track good faith efforts with automated compliance reporting. The ATS ensures preparedness for audits such as OFCCP and I-9 audits.