The theory of implicit bias holds that individuals have unconscious biases that affect their decisions. The theory has been receiving considerable interest in the psychology and social psychology literature and is recently showing up in class action employment discrimination litigation. It was recently employed by plaintiffs in the Dukes v. Wal-Mart litigation, and was more recently the central feature in a major class action lawsuit (Pippen v. State of Iowa) challenging hiring practices of the State of Iowa. The Iowa case involved a class of 6,000 African American plaintiffs, alleging that the state of Iowa failed to control bias in its hiring bureaucracy, allowing racial bias to affect decades of hiring and promotion decisions in nearly 40 government agencies and departments. At stake was $70 million in lost income for the up to 6,000 African Americans. The case was decided in favor of the State of Iowa in a decision dated April 17, 2012, but is likely to be appealed.

Visit the links below for more information.
Desmoines Register April 18, 2012
— http://blogs.desmoinesregister.com/dmr/index.php/tag/pippen-v-state-of-iowa/
Text of Pippen v Iowa ruling April 17, 2012
— http://s3.documentcloud.org/documents/339079/bias-lawsuit-document.pdf

On April 12, 2012 the California Supreme Court issued its long awaited decision in the case of Brinker v. Superior Court of San Diego County. The Brinker case was a class action involving a class of 60,000 non-exempt employees. The Brinker decision is very important for California employers because it clarifies the California requirements for meal and rest periods for non-exempt employees.
Wage and hour litigation is a frequently occurring and very costly type of litigation. Due to the high cost that can result from violations of meal and rest period requirements it is essential that employers take steps to:
- Understand the requirements
- Ensure that human resources and time-keeping rules are in compliance with the requirements
- train supervisors to be vigilant in ensuring compliance with the requirements
- Ensure that record-keeping procedures are followed and accurate payroll records are kept
- Consult labor attorneys to ensure that proper human resources rules and record-keeping procedures are in place.

Use the following link to read the text of the decision.

http://www.courtinfo.ca.gov/opinions/documents/S166350.PDF

Des Moines Register
April 9, 2012

Iowa’s multimillion-dollar, class-action discrimination lawsuit is creeping toward conclusion after four years in Polk County district court, four weeks of trial, four months of legal document wrangling and now two months of study by an overworked judge.

District Judge Robert Blink could rule at any time in the case of Pippen v. State of Iowa, a massive lawsuit originally filed in 2007 alleging that Iowa essentially failed to police its hiring bureaucracy and allowed racial bias to affect decades of hiring and promotion decisions in nearly 40 government agencies and departments.

See article at: http://blogs.desmoinesregister.com/dmr/index.php/2012/04/09/ruling-inching-closer-in-class-action-racial-discrimination-lawsuit-against-iowa-state-government/

The State of Iowa is defending a class action lawsuit alleging employment discrimination against thousands of black employees and job applicants by every agency of Iowa state government. Plaintiffs say that implicit bias has disadvantaged them for decades. The suit asks for substantial monetary damages.
The charges against the State of Iowa are based on the relatively new concept of implicit bias. Plaintiffs are alleging in this case that unconscious (implicit) attitudes affect employment decisions. Read the article at the following link:

Denied jobs – Blacks in Iowa Test New Bias Theory AP 2-17-12