As a recruiter, I often come across a candidate who seems perfect for a position, but still struggles to get through the interview process. It’s frustrating because where does it go wrong? After several conversations and research, it often seems to be related to unconscious bias.
We all want to be objective, but unknowingly, we are influenced by biases that we don’t even realise we have. Spoiler alert: no one escapes it. Even with the best of intentions, bias sneaks into the process. So, how can we address this? How can we ensure we look beyond these unconscious filters and truly make inclusive choices? It starts with awareness and critically reflecting on our own actions. Because, yes, we all face those same blind spots.
What does unconscious bias look like?
Unconscious bias refers to unintentional preferences or prejudices about people based on characteristics such as skin colour, gender, or age. These unconscious biases influence decisions and behaviour, often in very subtle ways. However, the consequences are real. Law firms often look for ‘cultural fit’ or candidates who match the profile they are familiar with. This leads to certain groups being systematically excluded, such as people with a non-Western background or women in traditionally ‘male’ specialisations like Corporate M&A.
This kind of situation unfortunately happens quite often: someone with the same qualifications as their white or male colleagues gets rejected due to a bias no one is aware of. I recently encountered this with a vacancy that had two candidates, let's call them Ali and Pieter-Jan. Ali had to go through five interviews, while Pieter-Jan only had two. The reasons the firm gave were vague: they still had doubts about Ali and followed their ‘gut feeling’. While a firm certainly has the right to schedule multiple interviews, I found this strange. As a recruiter, I clearly saw Ali as the best candidate and a great fit for the firm. The most frustrating thing for me was that I didn’t get clear feedback on why they weren’t fully convinced. After delving into this subject, I concluded that unconscious bias played a crucial role in that process. What seemed like harmless gut feeling actually had major consequences for the chances of a strong candidate.
Affinity bias
A similar phenomenon is affinity bias. This means we often have a tendency to hire people who resemble ourselves. For example, white men tend to hire other white men, which keeps firms homogeneous and diversity lags behind. This makes it very difficult for firms to truly commit to diversity in its broader sense. Even when firms focus on gender diversity, ethnic diversity, for example, is often neglected.
I’ve seen a firm that, after criticism from a client, wanted to hire a woman at all costs. For that reason, the firm rejected an extremely qualified male candidate of Congolese-Belgian descent.
That firms take client feedback into account and actively want to focus on diversity is certainly a step in the right direction. However, focusing on one type of diversity (e.g., gender diversity) in the legal profession can result in other opportunities for inclusion being overlooked. Intersectionality shows that inclusion can’t just be based on one dimension, because exclusion often happens on multiple fronts at once. For example, if law firms focus on promoting female partners but primarily promote white women, the specific challenges faced by women of colour or women from lower socio-economic backgrounds are often ignored.
Performance bias
Additionally, performance bias plays an important role: the performance of women and people of colour is often judged more critically than that of their white male colleagues. Even when they deliver the same work, it’s less likely to be valued at its true worth. And in the case of women, maternal bias can be an additional factor. The assumption that women with children are less ambitious or available for demanding assignments, without any factual basis.
What can firms do about unconscious bias?
Having unconscious biases does not automatically make someone racist or sexist. These biases work subtly and unconsciously. Instead of shame or guilt, it’s important that firms become aware of the existence of these biases. Once the existence of biases is acknowledged, various strategies can help reduce these prejudices.
Anonymising applications
One of the most effective ways to reduce bias in the recruitment process is anonymising CVs and profiles, as the matchmaking platform JustLawyers does. This solution ensures that unconscious bias doesn’t get a chance, even before firms have recognised or worked on this issue. When names, gender, and ethnicity are removed, firms can focus on what really matters: the qualifications and experience of the candidate. This prevents someone from being rejected based on their name or background.
Bias-awareness training
Awareness training can help lawyers recognise their own biases. This requires a significant level of critical self-reflection, which isn’t easy. Firms that invest in regular training to reduce unconscious bias can bring about a broader cultural change within the organisation.
Diversity in leadership
The path to an inclusive workplace begins at the top. Increasing diversity in partner and management positions reduces the likelihood of biased hiring and ensures young lawyers have role models they can relate to. Law firms must proactively guide people from underrepresented groups into leadership positions.
Conclusion: diversity as a core value
Working on unconscious bias requires action. Saying you are ‘colour-blind’ or ‘neutral’ denies the problem. Everyone has unconscious biases, and that’s okay – it’s how you deal with them that matters. Specifically, measures like anonymisation, bias training, and diverse leadership can promote inclusion and diversity within a firm. However, this must be more than a passing trend or a response to external client pressure. When diversity is no longer a checkbox or PR strategy but a true priority, real change happens. Additionally, educating yourself on this topic helps tremendously. It provides you with the tools to recognise unconscious patterns and make them open for discussion, which is already a big step forward.
Isabel Rosendor
Co-founder JustLawyers
🔗 Read the full article in Dutch on Jubel.be: Unconscious bias in de advocatuur: de onzichtbare barrière voor diversiteit