Resolving ‘implicit bias’ claims

The Gazette Editorial Board

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It seems too widespread to be coincidence - dozens of African American applicants and employees who say they were passed over for state jobs and promotions over the course of nearly a decade, even though they were qualified to do the job.

But as previous cases in other states have shown, proving systematic bias in court is no easy task.

That's why all eyes are on Iowa as a judge nears a ruling on a landmark class action cases alleging widespread implicit bias in state hiring practices.

It would be the largest class-action of its kind and could pave the way for similar cases in other jurisdictions.

But regardless of what the judge decides, state leaders have an obligation to find out why so many black Iowans say there is widespread bias in state employment.

The allegations themselves demand a thorough review, public accounting and practical plan of action to eradicate any discriminatory practices or personnel.

State agencies have a responsibility to model equal opportunity employment practices that are expected of every company or business.

Yet in their petition, filed in 2007 in Polk County District Court, plaintiffs argue there continues a long-standing “pattern and practice of racial discrimination” in hiring for state agencies.

They say they've been denied jobs or promotion, have been subject to harassment and hostile work environments or terminated just because of their race or color.

They argue the state has failed to take any meaningful action despite being told of the problem for years - by employees, attorneys, consultants and advocacy groups.

Plaintiffs say in that petition the state's failure “has presented African-Americans with a continuous and unbreakable barrier to advancement and equal employment opportunities in a manner that constitutes a continuing violation of African-Americans' civil rights under State and Federal law.”

More than two dozen plaintiffs have signed on to the lawsuit, and thousands more African American state employees and applicants are included in the class action.

They are seeking millions of dollars in lost wages. Perhaps more important, they seek meaningful change in state hiring practices, management training and tracking of hiring disparities.

Even if a judge finds that implicit bias is too ephemeral a question to be decided in a court of law, that doesn't necessarily mean the allegations are unfounded or should be brushed aside.

Regardless of the outcome in court, the state must review the allegations and take prompt corrective action. There is no excuse for state and its agencies to fail to carry out their duties, outlined in their own policies and laws, to ensure equal employment opportunities for all Iowans.

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