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date: 23 May 2017

Abstract and Keywords

Behavioral sciences and the law tend to approach issues of diversity from markedly different perspectives. The present chapter focuses on this divergence as it relates to the controversial issues of defining, assessing, and remedying racial bias. Our objective is not to offer a value judgment regarding the relative utility of either the legal or behavioral science perspective on bias, but rather to illuminate in balanced fashion the landscape of this institutional divide. For each of the three critical areas of divergence identified—how bias is defined, how bias is assessed, and how bias is remedied—we review seminal cases and standard legal practices alongside contemporary behavioral science research that offers a counterpoint to this perspective. We conclude with considerations for future work to bridge the legal–behavioral science divide.

Keywords: diversity, law, racial bias, employment discrimination, legal psychology

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