Unconscious Bias in the Workplace and Mitigating Employment Discrimination Risks

Vida Thomas | Oppenheimer Investigations Group LLP

Vida has practiced law for more than 25 years. She started her career as an employment defense litigator. She also advised employers on all aspects of employment law and human resources management as governed by Title VII, the California FEHA, ADA, ADEA and other federal and state employment laws.

Vida now serves as a workplace investigator, an expert witness in state and federal employment lawsuits, a mediator, and a hearing officer in employee discipline appeal hearings. Vida has conducted more than 200 workplace investigations and is experienced in complying with Title IX, Title 5, the Public Safety Officers Procedural Bill of Rights and the Firefighters Procedural Bill of Rights. She has considerable experience investigating matters within a union setting and is particularly adept at investigating complex matters involving high-profile employers and individuals. A founding member of the Association of Workplace Investigators, she co-chaired the AWI Best Practices committee and helped establish the AWI Guidelines for conducting workplace investigations. She frequently trains attorneys, human resources professionals and EEO officers on how to conduct legally effective workplace investigations.

Vida also routinely conducts sexual harassment prevention training — including AB1825 compliance training — for state agencies and private companies. She teaches managers and supervisors how to implement legally effective performance reviews. She has conducted dozens of seminars on the Americans with Disabilities Act, the Family Medical Leave Act, employee drug testing and sexual harassment investigations. Clients have complimented Vida’s knack for making the law accessible, explaining complex legal concepts in a way that is both thorough and easy to understand. She believes training is most effective when it provides concrete, useful tips for navigating today’s complicated and highly regulated workplace.

I. Understanding Implicit Bias | 2:00pm – 2:40pm

• What is Implicit Bias?
  • Definition and exploration of implicit bias
  • Examples of implicit bias in everyday decision-making
  • The psychological basis of implicit bias
• Identifying Implicit Bias
  • Tools and techniques for recognizing implicit biases
  • Self-assessment exercises for participants

II. Implicit Bias in Employment Practices (Part I) | 2:40pm – 3:00pm

• Impact on Hiring Processes
  • How implicit bias affects recruitment and selection
  • Case studies illustrating how bias impacts hiring decisions
  • Strategies for creating an unbiased selection process

Break | 3:00pm – 3:10pm

III. Implicit Bias in Employment Practices (Part II) | 3:10pm – 3:30pm

• Impact on Employee Reviews and Evaluations
  • The role of implicit bias in performance evaluations
  • Common pitfalls in employee assessments
  • Best practices for conducting fair and objective reviews

IV. Mitigation Strategies | 3:30pm – 4:10pm

• Developing and Implementing Training Programs on Implicit Bias
• Fostering a Culture of Inclusivity and Accountability in the Workplace