Implicit Biases & People with Disabilities

Introduction

Most of us believe that we are fair and equitable, free of prejudice and biases, and evaluate others based on objective facts. However, to our surprise all of us, even the most egalitarian, have implicit biases--also referred to as unconscious biases or implicit social cognition. They are triggered automatically, in about a tenth of a second, without our conscious awareness or intention, and cause us to have attitudes about and preferences for people based on characteristics such as age, gender, race, ethnicity, sexual orientation, disability, and religion. These implicit biases often do not reflect or align with our conscious, declared, explicit core values and beliefs and can cause individuals to act in ways that produce disparate and inequitable outcomes for different demographic groups. Notably, they influence our judgment, decisions and actions, both positively and negatively, and can predict our behavior, and ultimately may lead to discriminatory behaviors. 

Implicit biases about persons with disabilities are pervasive. A 2018-2019 study released by the American Bar Association, in collaboration with the Burton Blatt Institute at Syracuse University, found that lawyers who identify either as having disabilities or as LGBTQ+ report experiencing both subtle and overt forms of discrimination at their workplaces, with common reports of subtle but unintentional biases.  Of 3.590 respondents, 38.5 percent (1,076) reported perceptions or experiences of subtle but unintentional biases, compared to 21.7 percent (607) for subtle and intentional biases.  

A 2007 study found that "[p]reference for people without disability compared to people with disabilities was among the strongest implicit and explicit effects across the social group domains" (e.g., gender, race, religion, sexuality, weight, political orientation, etc.), with only age showing more implicit bias.  Significantly, 76 percent of respondents showed an implicit preference for people without disabilities, compared to nine percent for people with disabilities.  Even test takers with disabilities showed a preference for people without disabilities.

Another study using data from 300,000 participants ages 18 to 90 over a 13-year period (2004-2017) found that implicit bias from respondents increased over time and with age, meaning that they had less-favorable feelings toward people with disabilities.  However, when participants were asked explicitly how much they preferred people with individuals, they shared more positive responses with time and age. Further, women felt less implicit bias, and people who had contact with disabled individuals had lower prejudice. When you interact more with a stigmatized group, you may develop positive associations with them, challenging your biases and, thus, resulting in attitudinal changes.   

The American Bar Association's Commission on Disability Rights has created this resource to increase awareness of implicit biases, both in general and in particular with regard to persons with disabilities, and to offer techniques to help mitigate these biases. We begin with an overview of implicit bias, in particular what is implicit bias, where do such biases originate, how can we measure them, why are they harmful, and how can we mitigate them. This is followed by a series of questions and scenarios that will allow you to examine your implicit biases about persons with disabilities.

Overview

What Is Implicit Bias?

Implicit or unconscious bias is defined as "the process of associating stereotypes or attitudes toward categories of people without our conscious awareness."     All of us have a natural human tendency to sort people into groups based on characteristics such as age, gender, race, ethnicity, sexual orientation, disability, and religion. These unconscious responses allow our brain to process vast amounts of information about one another automatically and at lightning speed. We process approximately 200,000 times more information each second unconsciously than consciously.       In other words, a majority of how we process information occurs outside of our conscious awareness or control.  Having to process everything about each individual  we meet would be both overwhelming and likely incapacitating. Sorting is a type of cognitive shorthand that saves cognitive resources..     

We tend to look for or favor information that confirms our associations and ignore or screen out information  that contradict them. This is called confirmation bias. We tend to see an individual as a representation of a particular group rather than as an individual.

Further, we tend to favor, prefer, and associate positive characteristics with members of the group to which we belong--people who are most like us and share similar interests, experiences, and backgrounds. This is known as affinity, in-group favoritism or in-group bias.      All of us belong to cultural groups defined by traits such as race, ethnicity, religion, gender, disability, sexual orientation, national origin, family, or social or professional status. In-group bias is so strong that, even when randomly assigned to a group, people report a preference for that group.     Accordingly, we tend to associate negative characteristics with or disfavor members of groups to which we do not belong. This is referred to as out-group bias.     

We also tend to think that examples of things that come readily to mind to be more factual or accurate are more representative than is actually the case. This is called availability bias. For instance, if you have been raised in a family that highlights differences between men and women, you will have numerous examples of those differences, but few examples of commonalities. All of these tendencies are the foundation of stereotyping, prejudice and, ultimately, may result in discriminatory decisions or actions, even if those decisions or actions might not be what we consciously intend or acknowledge.

Where Do Implicit Biases Originate?

Implicit biases are shaped by our personal and life experiences, the attitudes of family, friends and others, living and working environments, culture, the media, movies, and books. Implicit biases develop over the course of a lifetime, beginning at an early age.     

How Can We Measure Implicit Biases?

It used to be that if we wanted to know a person's biases, we asked. However, we now know that self-reports of biases are unreliable due, in part, to the fact that we are often unaware of our biases, believe we are not biased, or may modify our responses to align with what is regarded as socially acceptable.    The Implicit Association Test (IAT) is one of the most well-known, popular, and widely used tools for measuring one's implicit biases, and has been responsible for introducing the concept of implicit bias to the public. There are numerous IATs (over 90) that assess implicit biases across a wide range of characteristics, including race, disability, sexuality, age, gender-career, religion, and weight. 

Introduced  in 1998 and maintained by Project Implicit--a consortium comprised of researchers from Harvard University, the University of Virginia, and the University of Washington      --the IAT is a web-based test that measures the strength of associations between concepts (e.g., "Disabled Persons", "Abled Persons") and evaluations (e.g., "Bad", "Good"). Test takers are asked to quickly sort words and images/symbols into categories (e.g., Good, Bad, Disabled Persons, Abled Persons) by pressing the "e" key if the word or image/symbol belongs to the category on the left, and the "i" key if the word or image/symbol belongs to the category on the right.

An individual's IAT score is based on how long it takes (speed) the individual, on average, to sort words and images/symbols when the categories are combined, such as Good or Disabled Persons and Bad or Abled Persons and vice versa. The IAT recognizes that most of us identify words and images or symbols more quickly when they originate from what we perceive as closely related rather than unrelated categories. For example, if you are faster to categorize words when "Disabled Persons and Good" share a response relative to when "Disabled Persons and Bad" share a response key, you would have an implicit preference for "Disabled Persons."

How Are Implicit Biases Harmful?

Implicit biases influence our perceptions, judgments, decisions, and actions and can predict behavior.      Implicit biases can lead to microaggressions. These subtle, but offensive comments or actions, which are often unintentional and reflect implicit biases, unconsciously reinforce a stereotype when directed at persons based on their membership in a marginalized group.      Unlike explicit discrimination, microaggressions typically are committed by people who are well-meaning. For example, a waiter may ask the person accompanying a blind person or wheelchair user what he or she would like to order, sending the message that a person with a disability is unable to make decisions independently. These "small" slights are cumulative and significant over time.     

Social scientists point to mounting evidence that implicit biases can lead to discriminatory actions in a wide range of human interactions,      from education to employment, health care, housing, and criminal justice. When we look at some of the disproportionalities (i.e., the differences between a group's representation in the population at large and its over- or under-representation in specific areas) that have plagued us for so long, despite society's best intentions, it is hard to explain them.

For example, we know that students with disabilities achieve in school at a lower rate than others and are far more often and more severely disciplined in school.      Most of us believe that teachers and school administrators act in good faith and have good intentions. If we were to ask them whether they intentionally and explicitly intend to treat students with disabilities with lower expectations and discipline them more severely than students without disabilities, most if not all would say that was not their intent and believe that they are making decisions based on objective facts. Yet, it is difficult to understand the disproportionate results. One possible explanation is that these decision-makers are indeed acting in good faith but are responding with implicit biases.     

How Can We Mitigate Unconscious Biases?

Acknowledging the difficulties of controlling biases that are unconscious and automatic,   the good news is that implicit biases are malleable and their effect on behavior can be managed and mitigated.      Although nearly all of us have implicit biases, we can take steps to minimize how often they are activated and how much they affect our perceptions, decisions, and actions. The first step is to acknowledge that all of us  have implicit biases despite our egalitarian intentions and learn about the cognitive science and the influence of implicit biases on our judgment, decisions, and actions toward demographic groups, resulting in unequal outcomes. Taking the Implicit Association Test or other tests that measure implicit responses helps raise awareness. Once aware, motivation to change and to manage implicit biases is critical. critical.     

Researchers have developed various de-biasing interventions to counter the negative effects of implicit biases by building new mental associations.      To reinforce these new associations, these interventions must be consistently and continuously reapplied. These interventions include:

• Intergroup Contact: Meet and engage with individual members of outgroups.  Getting to know people one-on-one and engaging in positive meaningful relationships can help you build new positive associations and reduce stereotyping.
• Counter-stereotypes: Develop new associations that counter your stereotypes. Expose yourself to or think about exemplars who possess positive traits that contrast with your stereotypes. For example, read about blind judge Richard Bernstein, Associate Justice of  the Michigan Supreme Court. 
• Individuation: Consider the attributes of the individual apart from their group. For instance, when you meet someone who has a mental health condition, focus on their  individual characteristics, traits, interests, and preferences rather than stereotypes about persons with these conditions.
• Perspective Taking: Take the perspective of the individual. Try to understand from their perspective what they encounter and what adaptive techniques they might use to function successfully.
• Deliberative Processing: Reflect on your perceptions, judgments, behavior, decisions, and actions to better understand which ones are worthy of a more thoughtful consideration rather than a split-second reaction. We tend to act on our stereotypes when we have a lot of information to process in a short amount of time and feel stressed.
• Common Ground: Focus on what you have in common with the individual members of the groups you are stereotyping rather than their differences.
• Education: Participate in trainings and other educational programs aimed at raising awareness about implicit biases and their impact.
• Self-Monitoring: Continuously self-monitor your perceptions, judgments, behavior, decisions, and actions for the influence of implicit biases.
• Accountability: Hold yourself responsible for the negative influence that implicit biases have on your perceptions, judgments, behavior, decisions, and actions. Do not dismiss your accountability simply because implicit biases are triggered automatically without  conscious awareness.

Implicit Disability Biases: Questions to Ask Yourself

Reflect on each of the questions below. Consider whether and to what extent your response may be influenced by stereotypes and biases about people with disabilities and/or informed by objective facts and evidence and actual experiences with them.

1. When you think of an individual with a disability, do you focus on the things the individual   can do or cannot do? Where do you get the information on which you base your views? Do you ask or observe the individual  with a disability?
2. Do you think “disabled” is a negative word? If so, which words should be used instead?
3. Do you think of an individual  with a disability as working in certain careers? If so, which careers and why?  
4. When you think of an individual with a disability, do you have sympathy or feel pity for that individual?
5. When you meet an individual with a disability, do you see the individual’s disability before you see the individual?
6. Do you think about individuals  with disabilities as a group or as individuals? If as a group, what characteristics do you think members of the group share?
7. Do you consider individuals  with disabilities as different from individuals without disabilities?  If so, how are they different?
8. What traits do you believe individuals with disabilities share?
9. Do you believe that the lives of individuals  with disabilities are different from the lives of individuals without disabilities? If so, how are they different?
10. Do you use terms (e.g., “normal” or “able-bodied”) to differentiate between individuals without disabilities individuals with disabilities?
11. Do you speak to and interact with individuals with disabilities differently than you do with individuals without disabilities? If so, how and why?
12. Do you perceive individuals with disabilities as dependent or in need of assistance as compared to individuals without disabilities? Do you base your belief on personal experiences or other sources? If the latter, what are the sources?
13. Do you view individuals with disabilities as vulnerable and at risk of being victimized compared to individuals with disabilities?  If so, in what way?
14. Would you describe individuals  with disabilities as exceptional, brave, courageous, inspirational, superhuman, and heroic for living with their disabilities? If so, why?
15. Do you view individuals with disabilities as angry or bitter because of their disabilities? If so, in what way?
16. Do you perceive individuals with disabilities as productive or competent as individuals  without disabilities? If so, why?
17. Do you view individuals with disabilities as too costly for employers to hire? If so, please explain.
18. Do you view disability as an abnormality or sickness or as a challenge that needs to be overcome or corrected?  
19. When you see an individual  with a disability, do you automatically want to help them?
20. Do you think that individuals are disabled by their impairment or by society’s systemic barriers, derogatory attitudes, and exclusion?
21. Do you think workers with disabilities receive special advantages or are held to a lesser standard than workers without disabilities? If so, please explain.  
22. Do you think individuals who receive reasonable accommodations at work are given special treatment or an advantage to persons without disabilities?
23. Do you speak to an individual with a disability directly or to the person that accompanies them or a caretaker?
24. Do you view individuals with disabilities as being ill, in pain, and having a poor quality of life?

Specific Disabilities

1. Do you perceive individuals with mental illness as violent or dangerous? If so, based on what information?
2. Do you view individuals with intellectual disabilities or developmental disabilities as being: dependent on others to care for them? Vulnerable? Kind and generous? Innocent and sweet-natured?
3. Do you think all blind individuals have a keener sense of smell and hearing?
4. Do you think individuals with cerebral palsy have cognitive impairments as well?
5. Do you view individuals with hidden impairments such as psychiatric conditions, learning disabilities, chronic fatigue syndrome, arthritis, and heart conditions as having a disability?
6. Do you think all blind individuals read braille?
7. Do you think individuals with autism: Have an intellectual disability? Are unable to feel or express emotion? Are violent? Have savant abilities or extraordinary skills? Can be cured?
8. Do you believe individuals in wheelchairs: have mental disabilities? Cannot walk?
9. Do you think that a disability is not that bad or non-existent if you cannot see it?
10. Do you believe individuals with learning disabilities: Have a lower IQ? Lack motivation? Need to try harder?
11. Do you view people with developmental disabilities as asexual? 
12. Do you associate mental health or cognitive conditions with incompetency? If so, why?
13. Do you believe that people who have a strong character can overcome substance abuse or mental health conditions? 

Scenarios For Discussion

Scenario 1

Nicole, who has cerebral palsy and uses canes to walk, is interviewing for an associate position in the litigation department at a “big law” firm. The partner asks Nicole whether she: is comfortable speaking in court; needs an assistant to accompany her when she meets with clients and goes to court; believes she can effectively represent clients in court; is aware of the long hours involved, billing requirements, and the necessity to travel; is able to learn and remember the myriad rules and procedures for civil and criminal litigation and the rules of evidence; and has considered working in other departments that do not involve going to court. Nicole responds that her passion is litigation, pointing out that she  served on a moot court/mock trial team that won several  competitions, held a judicial clerkship, and has courtroom experience through a pro bono project and a legal aid clinic. The partner informs Nicole that if she was hired he would initially meet with prospective  clients to prepare them to meet her.

• What implicit biases does the partner have about Nicole?
• What message is the partner sending her?
• What message is given to clients if the partner proceeds as he suggests?
• What could the partner have done differently?
• What questions are appropriate to ask in this situation?

Scenario 2

Robert, who has major depression, works at a medium law  firm. At times he  has depressive episodes  that recur periodically. When these occur, he requests as accommodations a modified schedule to begin work late rather than early morning; breaks for calming and stress relief exercise; breaking down big projects into manageable tasks; and written feedback of his work. Robert’s supervising attorney  assembles a team to work on an important project for the firm. She decides, based on the long hours this will require, the numerous tight deadlines that need to be met, and the team meetings involved, not to assign Robert.

• What assumptions did the supervisor make about Robert’s abilities?
• Were the supervisor’s reasons for not including Robert on the team reasonable?
• What questions should the supervisor have asked Robert before making her decision?

Scenario 3

Judge Thompson is presiding over a custody battle involving three-year-old Sean, who has asthma. The boy’s mother is blind, and his father does not have any disabilities. She decides that it would be in the best interests of Sean for his father to have primary custody. The judge expresses concern for Sean’s safety because his mother is blind. Sean is an active and rambunctious toddler who likes to play at the park and is learning to ride a scooter. The judge also notes that Sean attends preschool five days and week, and his mother cannot drive him there. In addition, the judge points out that Sean is susceptible to ear infections, and needs to monitored closely.

• What factors should the judge consider in making his decision?
• What types of questions should the judge ask Sean’s mother about her parenting?
• Does being blind necessarily impact her parenting capacity? If so, how?
• What types of evidence should Sean’s mother present to show her capacity?

Glossary

• Attitude: The tendency to like or dislike, or to act favorably or unfavorably toward, someone or something.     
• Bias: A prejudice in favor of or against one thing, person, or group compared with another, usually in a way that is considered unfair.     
• Debiasing: Methods, techniques, and strategies employed to ameliorate implicit biases and develop new associations to counter our subconscious stereotypes.
• Disability: A physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having a disability.      
• Discrimination: Behavior that treats people unequally because of their membership in a group. Discriminatory behavior, ranging from slights to hate crimes, often begins with negative stereotypes and prejudices.     
• Implicit Bias: The process of associating stereotypes or attitudes toward categories of people without our conscious awareness.     
• Microaggressions: Subtle, but offensive comments or actions directed at persons based on their membership in a marginalized group that are often unintentional or unconsciously reinforce a stereotype.     
• Prejudice: An opinion, prejudgment, or attitude about a group or its members ("out-group") that stems from a preference or favoritism for the group to which one belongs ("in-group").     
• Stereotype: Making a favorable or unfavorable association between a group and a characteristic or trait --a generalization that allows for little or no individual differences or social variation. Stereotypes can be positive, negative, or neutral. They can be based on personal experiences and portrayals in mass media, and can be passed on by parents, peers, and other members of society.