David L. Faigman, Nilanjana Dasgupta, Cecilia L. Ridgeway, A Matter of Fit: The Law of Discrimination And the Science Of Implicit Bias, 59 Hastings L.J. 1389, 1434 (2008).

• Summary: This article analyzes “whether research on implicit bias can assist triers of fact in discrimination litigation under Title VII.” It examines “the interpretation of applicable law and the legal fit between the law and scientific research on implicit bias”, provides “an overview of the psychological and sociological literature in order to determine whether research” supports expert opinion on implicit bias in Title VII actions, and “considers whether the extant research scientifically fits one or more issues brought into question by the law.” The article concludes that “the full research literature amply supports expert opinion regarding implicit bias and its potential to effect employment decisions. The research, however, focuses on the phenomenon generally and does not demonstrate that an expert can validly determine whether implicit bias caused a specific employment decision.” The article therefor argues that courts should “admit expert testimony, insofar as it will assist triers of fact to understand the phenomenon of implicit bias generally, so that they can then determine whether a particular employment decision was a product of improper motives.”