The Equal Justice Society has compiled a packet of resources to make implicit bias literature more accessible to practitioners.  I highly recommend reading through it, as it provides incredible insight into how we as advocates can integrate implicit bias research into our discrimination cases to circumvent the intent requirement announced in Washington v. Davis.

For more information, here is the description of the materials from the Equal Justice Society’s website:

The Equal Justice Society compiled a packet designed to provide scholars and practitioners a starting point in understanding and engaging the evolving scholarship and jurisprudence around implicit bias and the Intent Doctrine. The information in the packet serves as a point of departure from current anti-discrimination jurisprudence, which largely fails to address contemporary manifestations of discrimination and exclusion.

Modern forms of racial and other discrimination are frequently expressed through biases that are unconscious or ?implied? through stereotypes and cognitive reactions. Extensive empirical and theoretical research confirms that implicit bias substantially motivates disproportionate outcomes even absent an express intent to discriminate. The Equal Justice Society seeks to update anti-discrimination law so that it more accurately accounts for and remedies contemporary discrimination.

Our hope is that this packet will be a starting point of engagement for you, the reader. It contains publications authored by EJS and other scholars and advocates who are experts in their respective fields. We are happy to furnish you with further, and more detailed, information upon request, and/or connect you with experts in the field.