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Jerry Kang
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Publisher: Journals Gateway
Daedalus (2024) 153 (1): 193–212.
Published: 01 March 2024
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Skeptics point out that measures of implicit bias can only weakly predict discrimination. And it is true that under current technologies, the degree of correlation between implicit bias (for example, as measured by the Implicit Association Test) and discriminatory judgment and behavior is small to moderate. In this essay, I argue that these little effects nevertheless matter a lot, in two different senses. First, in terms of practical significance, small burdens can accumulate over time to produce a large impact in a person's life. When these impacts are integrated not only over time but double integrated over large populations, these little things become even more practically significant. Second, in terms of legal significance, an upgraded model of discrimination that incorporates implicit bias has started to reshape antidiscrimination law. This transformation reflects a commitment to “behavioral realism”: a belief that the law should reflect more accurate models of human thinking and behavior.