Managing unconscious bias in employment decisions

Quite apart from intentional prejudices, an individual's decisions are also influenced by underlying or unconscious attitudes or stereotypes, known as "unconscious bias".

In the Victorian Court of Appeal decision, Austin Health v Tsikos [2023] VSCA 82 (Austin Health v Tsikos), the Court confirmed that a breach of the Equal Opportunity Act 2010 (VIC) (EO Act) might be established if a court or tribunal found there to be discriminatory unconscious bias by the employer. With the introduction of a positive duty under the Respect@Work laws, employers should look to train managers regarding the impact of their unconscious biases in the workplace.

Biases are often thought about as an intentional act or prejudice against someone, but sometimes biases occur without conscious realisation. Our unconscious biases are influenced by our background, culture, societal context and personal experiences, and are held at the subconscious level. Unconscious biases can be