Gillian Dutton Associate Professor of Lawyering Skills, Director, Externship Program, Korematsu Center Fellow Ronald A. Peterson Law Clinic 1215 E. Columbia, Law Annex P O Box Seattle, WA t | f

30% of workers heard colleagues use racial/ethnic slurs in past 12 months 30% report sexist comments in same time 21% of workers overheard age-related ridicule 20% report comments about sexual orientation 1 in 10 students report derogatory term re race, religion, disability, gender or sexual orientation in past 6 months

 Evaluation of evidence ◦ Bias in gathering of evidence – more confessions, accusatory interrogation  Client meeting ◦ Greater physical distance ◦ More speech errors ◦ Ending meeting early ◦ Hostility toward client ◦ Reduced credibility  Acceptance of punishment ◦ Implicit dehumanization ◦ Features based implicit bias impact in death penalty cases Richardson, L. Song and Goff, Phillip Atiba, Implicit Racial Bias in Public Defender Triage (March 1, 2013). Yale Law Journal, Vol. 122, 2013; U Iowa Legal Studies Research Paper No Available at SSRN:

 Unprecedented globalization and immigration  Interactions between native and non-native speakers are rapidly increasing  Number of international migrants-191 million  Number residing in English speaking countries - 54 million  Number of non-native speakers of English – More than 1 billion

 Preference for native accent emerges in infants as early as 5 months of age  Children in US and in France prefer to be friends with children who speak with a native accent  Research appears to show these preferences may hold true for all languages  Lack of accent is not the same as fluency The Way They Speak: A Social Psychological Review Perspective on the Stigma of Nonnative Accents in Communication, Gluszek and Dovidio

 Less intelligent  Less loyal  Less competent  Lazy (false belief that accents are within the speaker’s control)  Speaking the language poorly

 Research shows adaptation to accented speech occurs in a short time  Some studies show over-correction in explicit bias despite implicit bias showing discrimination Measuring Implicit and Explicit Attitudes Toward Foreign Accented Speech Journal of Language and Social Psychology : 3 Andrew J. Pantos and Andrew W. Perkins

 It is well known that people don't always ‘speak their minds’  New research shows that people don’t always ‘know their minds’  Called the Implicit Association Test, or IAT  This method demonstrates the conscious- unconscious divergences in response

 Weapons  Native American  Weight  Sexuality (Gay-Straight)  Asian American  Arab-Muslim  Race (Black-White)  Gender-Career  Age (Young-Old)  Disability

 Prejudiced' = endorse or approve of negative attitudes and discriminatory behavior toward various out-groups  Biases registered on IAT may not be consciously endorsed, or may be contradictory to intentional attitudes/beliefs  Individuals may function in a non-prejudiced fashion with active effort to prevent discriminatory behavior  Relaxing these active efforts, people may show discrimination in thought or behavior

Embark on consciously planned actions to compensate for known unconscious beliefs. Identifying mechanisms for changing automatic preferences is an active research question. Automatic preferences, automatic as they are, are also malleable !

Think of an experience with bias against an LEP individual We all face difficulty in responding to bias 1. How might the incident affect people involved? (target, perpetrator, witnesses) 2. How might the incident affect the community? 3. What are emotional, social, physical and financial costs ? 4. Why do we often not respond? 5. Barriers include power, familiarity, emotional connection

Why is it so hard? Depending on where you stand you may experience: ◦ Hurt ◦ Anger ◦ Withdrawal Or ◦ Fear/Discomfort ◦ Guilt ◦ Denial Invisible backpack of white privilege du/home/diversity/reso urces/white- privilege.pdf What makes us anxious? What do you fear could happen? What could be good about having these conversations? What are the costs of avoiding? Can we learn this skill for our work?

Move from “message to deliver” to “some information to share and some questions to ask”  Understand what has happened from the other person’s point of view  Explain your point of view  Share and understand feelings  Work together to figure out a way to manage the problem going forward

 I don’t know if you know how that sounded, but the way it sounded to me is that you think... (identify hurtful bias).  I used to think I was able to put biases aside, but then I realized that many of these behaviors are unconscious … (describe your own experience similar to the behavior witnessed)  Help me to understand what you meant by… (insert statement)

What language will you use? Adjust the presentation to the setting ? Separate out intent Focus on empathy Appeal to principles Describe impact and set limits Acknowledge your own bias

1.Explore prior miscommunication due to culture/bias 2. Identify cultural preferences in communication 3. Educate providers and community about implicit bias 4. Provide experiences to undo or reverse the experience that created the bias 5. Remain alert to bias and recognize it may intrude into judgments/actions

(Ted Talk) Susan Bryant, The Five Habits: Building Cross- Cultural Competence in Lawyers, 8 C LINICAL L. R EV. 33 (2001). Nelson Miller, Beyond Bias -- Cultural Competence as a Lawyer Skill, 87 M ICH. B. J. 38 (2008). Ascanio Piomelli, Cross-Cultural Lawyering by the Book: The Latest Clinical Texts and A Sketch Of a Future Agenda, 4 H ASTINGS R ACE & P OVERTY L.J. 131 (2006 D.W. Sue, et al., Racial Microaggressions in Everyday Life, A MERICAN P SYCHOLOGIST (May-June 2007).

Thank you and good luck. This is important work!