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EEOC Targets 'Unconscious Bias'

By Lynn D. Lieber
July 30, 2007

Could your organization be hit with a race discrimination lawsuit for 'unconscious bias'? How do you prevent legal liability for unconscious acts? This is a question puzzling many legal counsel as they try to protect their organizations from becoming the next Walgreens, the nation's largest drugstore chain, which was recently sued by the Equal Employment Opportunity Commission (EEOC) for racial discrimination. 'Unconscious bias' is a fundamental element of the EEOC's recent initiative called Eradicating Racism and Colorism from Employment (E-RACE), an enforcement effort that focuses on filing lawsuits challenging 'subtle' discrimination and educating employers.

The Suit Against Walgreens

In the lawsuit, the EEOC alleges that Walgreens uses race as a factor to place managers and pharmacists in low-performing stores, and in locations in African-American communities. The company denies the charges. Although the racism initiative, which emphasizes public education and outreach, is not directly tied to the Walgreens action, the EEOC is making an example of the company.

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