Court rulings have suggested that it is illegal to discriminate against women and people of color even if the discrimination is based on an unconscious bias.

Unconscious Bias

Refers to the attitudes or stereotypes that affect our understanding, actions, and decisions in an unconscious manner.

Discriminate

To make distinctions between things or people, which can be benign (as in discerning tastes) or illegal/morally problematic when based on prejudice against certain groups.