In the past several decades, laws have been enacted and enforced that have begun to address intentional discrimination and policies with a disparate impact. While work is still needed on these types of more overt discrimination, some have argued that a deeper problem exists. On June 17, ACS hosted a panel at the 2006 National Convention to discuss recent studies demonstrating that racial and gender bias influence people’s decisionmaking even when such bias is not conscious or overt. Panelists explored whether existing civil rights laws and doctrine be used to address such discrimination; whether the law, across a broad range of areas from employment to public accommodations to criminal justice, can effectively address unintended and subtle bias; and whether we need new ways of thinking about discrimination and new approaches to addressing it. A transcript of this panel is available in the ACS document clearinghouse.

From left to right, panelists included:

• Sam Bagenstos, Professor of Law, Washington University in St. Louis School of Law
• Judge Nathaniel Jones, Blank Rome LLP; former Judge, U.S. Court of Appeals for the Sixth Circuit
• Jerry Kang, Professor of Law, UCLA
• Nina Pillard, Professor of Law, Georgetown University Law Center
• Kenji Yoshino, Professor of Law, Yale Law School
Play:

•  MP3 Audio