Implicit bias is a concept acquiring some attention. The theory is that as human we have subconscious biases. I have written about the theory before. See my prior post here. The U.S. Supreme Court recognized the theory in Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc., 135 S.Ct. 2517

A theory being discussed in academic circles is that discrimination is often implicit. According to this theory, we tend to filter out certain information based on our preconceived notions about peoples and ethnicities. The academicians refer to this as “implicit bias.” Justice Kennedy recently recognized some validity in the theory in Texas Department of Housing