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A License to Discriminate?

A License to Discriminate?_image.jpeg

Imagine that you鈥檙e the CEO of a male-dominated tech company that鈥檚 been excoriated for its sparse numbers of female managers. You decide to introduce a new leadership program for women.

In theory, it鈥檚 a great idea. In practice, if it鈥檚 not implemented thoughtfully, it could exacerbate existing gender bias in your company, making it even less likely that women are compensated fairly or rise to the top.

That鈥檚 because, like a virus, gender bias mutates and adapts to its environment鈥攐ften in very strange and surprising ways. As International Women鈥檚 Day approaches, inspiring calls to reduce gender inequality at work and at home, learning about the strange and unsettling properties of our own biased minds could go a long way to making sure that the steps we take don鈥檛 backfire.

Including this: There鈥檚 a nascent field of research suggesting that when we do something virtuous and egalitarian now, we may be more likely to do something less virtuous鈥攐r racist, or sexist鈥later. This is known as moral licensing, and it has all sorts of implications for dieting, racism, and…gender inequality.

Take, for instance, the news that the government finally met a goal it set in 1994 to award at least 5 percent of federal contract money to women-owned businesses. 鈥淚鈥檓 hoping that agencies now won鈥檛 sit back and go, 鈥楾he women are taken care of, we don鈥檛 have to worry about it anymore,鈥欌 Ann Sullivan, the head of government relations for Women Impacting Public Policy, . Moral licensing takes that concern a step further: Could meeting a goal like this potentially serve as a license for agencies to behave in other biased ways?

Iris Bohnet, the author of the new book 鈥,鈥 and Harvard Kennedy School Professor of Public Policy, thinks that we ought to take this emerging research seriously, especially when we consider the unintended consequences of workplace interventions designed to boost diversity or gender equality that aren鈥檛 attached to measurable goals or plans to evaluate overall success. Especially when the actors in question are already prejudiced.

Some research into this field, Bohnet writes, 鈥渞aises the unsettling possibility that diversity programs aimed at influencing the worst offenders might backfire. A chauvinist manager who has undergone training might assume a moral license when conducting his next interview. Training designed to raise awareness about gender and race inequality may end up making gender and race more salient and thereby highlighting differences.鈥 (I should here offer a caveat: researchers have only just started digging into the gender equality implications of moral licensing, and so many of these observations are speculations based on the studies that do exist.)

I posed the hypothetical tech CEO situation to Bohnet. Could moral licensing increase the chances that the tech CEO, after launching the women鈥檚 leadership program, would give his male subordinate a higher raise than his just-as-qualified female subordinate? Or that he would perhaps be more likely to make a biased hiring decision?

Her response? 鈥淢oral licensing asks the question: could window dressing lead to worse outcomes? And yes, theoretically, it could.鈥

Researchers have found that after people (men and women) disagreed with statements like 鈥渕ost women are better off at home taking care of the children,鈥 or 鈥渕ost women are not really smart,鈥 they were then more likely to prefer to hire a man instead of a woman for a stereotypically masculine job. (The bar for the virtuous deed is apparently not very high.) They鈥檝e also found that after people voted for President Obama, they were more likely to express views that favored white people at the expense of black people. In both instances, the theory goes, they felt licensed by the behavior they perceived as virtuous to do something that was less so. A previously virtuous act seems to offer irrefutable evidence that you鈥檙e moral, and permission to do whatever you need to do in the next moment.

鈥淭he positive spin on this phenomenon is that it shows that people care about morality,鈥 explains Daniel Effron, an assistant professor of organizational behavior at London Business School and a moral licensing researcher. 鈥淭he concern raised is that people have pretty low standards for convincing themselves that they are moral or egalitarian. that if people can鈥檛 point to something particularly egalitarian they鈥檝e done recently to show non-racist credentials, they鈥檒l think about a lot of really racist things they 肠辞耻濒诲鈥檝别 done but didn鈥檛 actually do…people are also that token acts of egalitarianism are solid evidence that they are an egalitarian person.鈥

So that鈥檚 the positive spin: that none of this means that behind every women鈥檚 initiative or diversity training there鈥檚 some kind of sexist conspiracy. 鈥淭he malevolent view is that this would be strategic on the CEOs鈥 part, that these behaviors would quell any assumptions of sexism,鈥 says Dale Miller, a professor and moral licensing researcher from Stanford. 鈥淏ut we find more interesting the case where the CEO generally wants to do the right thing, but the problem is that in the way that a leadership program can bring talented women to the company鈥檚 attention, it also has the potential of licensing the choice of men鈥 to hire for that vacant VP position, or to give a man a higher raise than a woman.

Further, though there鈥檚 no data to prove it, Miller and Effron both suspected that this effect could have implications for short-listing candidates for a position. On the one hand, it could encourage them to consider a more diverse cadre of candidates. On the other, it could also allow decisionmakers to feel as if they鈥檝e checked a gender diversity box, and may make them less likely to choose a member of that group than if they hadn鈥檛 done the short-listing. This effect could also illuminate a potential hindrance to women鈥檚 c-suite leadership: the increase of lower-status leadership positions.

鈥淲hat could happen is if you have women occupying low-status dean positions at a university, that will license you to have only men in high-status dean positions,鈥 Miller explained. 鈥淪o you can see the irony there, which is that you can, by having more vice presidents in your organization, reduce the likelihood that women will actually occupy the top position in the organization.鈥

This effect is reminiscent of MIT Professor Emilio J. Castilla鈥檚 research, which shows that companies with policies designed to promote meritocratic advancement can actually exacerbate existing inequities. In some ways, this kind of organizational commitment may license managers to discriminate, allowing them to fall back on biases because they鈥檙e covered by the meritocratic value system. Castilla calls this the

In other words, these interventions can be double-edged swords. The question is鈥攈ow do we mitigate against this effect? How do we change norms and beliefs in a sustainable way so that once incentives are taken away, people don’t simply fall back to what they were doing before, or do worse things?

A big part of what makes interventions sustainable is making an effort to change not just individual biases, but social norms surrounding the issue, Bohnet says. This happened in the cases of smoking and littering鈥攖wo acts that have become socially unacceptable in a generation. Behavioral change, 鈥渉as to go through social norms, and can鈥檛 just be a personal thing,鈥 Bohnet explains. 鈥淚t can鈥檛 just concern me and my behavior, but must also concern me being watched by others, and going with the herd.鈥

Social context is crucial for checking behavior. 鈥淓ven if no one else is watching me today, I will be less likely to drop a piece of paper on a clean beach than on a dirty beach,鈥 she says. 鈥淚 will infer from what I see what the norms are in this kind of environment.鈥

In other words, reaching gender equality goals may be less about changing individual values, and more about changing what acceptable behavior would be in the context of a larger group environment, Bohnet says. People will start to change their minds and behaviors if they think everyone else is, too. And if they see evidence of that behavior change all around them.

Take, for instance, the story of how the UK boosted the numbers of women on its corporate boards. Without introducing quotas, on the boards of its FTSE 100 companies from 12.5 percent in 2011 to more than 26 percent in 2015, relying primarily on behavioral design interventions like 鈥渃omply-or-explain,鈥 which, according to Bohnet, 鈥渃hanged the default of what the right thing to do was. If companies did not meet their goals, they had to justify why not, and to explain what programs they had introduced and why they had not worked.鈥 And, since past unmade sexist comments aren鈥檛 sound justifications outside of one鈥檚 own head, 鈥淕ender-diverse boards became the norm and companies with no female directors were the outliers, indeed, the outcasts that were publicly shamed for it. This is the power of norms.鈥

Bohnet remains optimistic that behavioral design can drive change, bypassing our resilient and mutating biases to instead change the systems that enable them to thrive. It could just be the vaccine we鈥檝e been waiting for.

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Elizabeth Weingarten

Senior Fellow, Better Life Lab

A License to Discriminate?