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The Unintended Consequences of “Ban the Box”: Statistical Discrimination and Employment Outcomes When Criminal Histories Are Hidden

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  • Jennifer L. Doleac
  • Benjamin Hansen

Abstract

Jurisdictions across the United States have adopted “ban the box” (BTB) policies preventing employers from asking about job applicants’ criminal records until late in the hiring process. Their goal is to improve employment outcomes for those with criminal records, with a secondary goal of reducing racial disparities in employment. However, removing criminal history information could increase statistical discrimination against demographic groups that include more ex-offenders. We use variation in the timing of BTB policies to test BTB’s effects on employment. We find that BTB policies decrease the probability of employment by 3.4 percentage points (5.1%) for young, low-skilled black men.

Suggested Citation

  • Jennifer L. Doleac & Benjamin Hansen, 2020. "The Unintended Consequences of “Ban the Box”: Statistical Discrimination and Employment Outcomes When Criminal Histories Are Hidden," Journal of Labor Economics, University of Chicago Press, vol. 38(2), pages 321-374.
    • Handle: RePEc:ucp:jlabec:doi:10.1086/705880
    DOI: 10.1086/705880
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    Cited by:

    1. Lalive, Rafael & Card, David & Colella, Fabrizio, 2021. "Gender Preferences in Job Vacancies and Workplace Gender Diversity," CEPR Discussion Papers 16619, C.E.P.R. Discussion Papers.
    2. Randi Hjalmarsson & Stephen Machin & Paolo Pinotti, 2024. "Crime and the labor market," CEP Discussion Papers dp2044, Centre for Economic Performance, LSE.
    3. Fone, Zachary S. & Sabia, Joseph J. & Cesur, Resul, 2023. "The unintended effects of minimum wage increases on crime," Journal of Public Economics, Elsevier, vol. 219(C).
    4. Raphael Calel & Jonathan Colmer & Antoine Dechezleprêtre & Matthieu Glachant, 2021. "Do carbon offsets offset carbon?," CEP Discussion Papers dp1808, Centre for Economic Performance, LSE.
    5. Abi Adams-Prassl & Kristiina Huttunen & Emily Nix & Ning Zhang, 2022. "Violence against women at work," Economics Series Working Papers 979, University of Oxford, Department of Economics.
    6. John W. Patty & Elizabeth Maggie Penn, 2022. "Ban The Box? Information, Incentives, and Statistical Discrimination," Papers 2208.08348, arXiv.org.
    7. Gultekin Gollu & Mariyana Zapryanova, 2022. "The effect of Medicaid on recidivism: Evidence from Medicaid suspension and termination policies," Southern Economic Journal, John Wiley & Sons, vol. 89(2), pages 326-372, October.
    8. Bulent Guler & Amanda M. Michaud, 2024. "Dynamics of Deterrence: A Macroeconomic Perspective on Punitive Justice Policy," Opportunity and Inclusive Growth Institute Working Papers 101, Federal Reserve Bank of Minneapolis.
    9. Joanna N. Lahey & Douglas R. Oxley, 2021. "Discrimination at the Intersection of Age, Race, and Gender: Evidence from an Eye‐Tracking Experiment," Journal of Policy Analysis and Management, John Wiley & Sons, Ltd., vol. 40(4), pages 1083-1119, September.
    10. Marguerite Burns & Laura Dague, 2023. "In-Kind Welfare Benefits and Reincarceration Risk: Evidence from Medicaid," NBER Working Papers 31394, National Bureau of Economic Research, Inc.
    11. Dasgupta, Kabir & Diegmann, André & Kirchmaier, Tom & Plum, Alexander, 2022. "The gender reveal: The effect of sons on young fathers’ criminal behavior and labor market activities," Labour Economics, Elsevier, vol. 78(C).
    12. Christopher R. Bollinger & Aaron Yelowitz, 2021. "Targeting intensive job assistance to ex‐offenders by the nature of offense: Results from a randomized control trial," Economic Inquiry, Western Economic Association International, vol. 59(3), pages 1308-1327, July.
    13. Diane Coyle & Mark Fabian & Eric Beinhocker & Tim Besley & Margaret Stevens, 2023. "Is it time to reboot welfare economics? Overview," Fiscal Studies, John Wiley & Sons, vol. 44(2), pages 109-121, June.
    14. Roee Sarel, 2022. "Crime and punishment in times of pandemics," European Journal of Law and Economics, Springer, vol. 54(2), pages 155-186, October.
    15. Lundberg, Alexander & Mungan, Murat, 2022. "The effect of evidentiary rules on conviction rates," Journal of Economic Behavior & Organization, Elsevier, vol. 203(C), pages 563-576.
    16. Georgiou, Georgios, 2022. "Do correctional authorities treat all offenders equally? Evaluating the use of a risk assessment instrument," International Review of Law and Economics, Elsevier, vol. 69(C).
    17. Kaestner, Robert & Wang, Xufei, 2024. "Ban-the-box laws: Fair and effective?," International Review of Law and Economics, Elsevier, vol. 78(C).
    18. Zanella, Giulio, 2020. "Prison Work and Convict Rehabilitation," IZA Discussion Papers 13446, Institute of Labor Economics (IZA).
    19. Heath Milsom, Luke & Roland, Isabelle, 2021. "Minimum wages and the China syndrome: causal evidence from US local labor markets," LSE Research Online Documents on Economics 113850, London School of Economics and Political Science, LSE Library.
    20. Kabir Dasgupta & Keshar Ghimire & Alexander Plum, 2021. "Is It Time to Let go of the Past? Effect of Clean Slate Regulation on Employment and Earnings," Working Papers 2021-06, Auckland University of Technology, Department of Economics.
    21. Xia, Xing, 2021. "Barrier to Entry or Signal of Quality? The Effects of Occupational Licensing on Minority Dental Assistants," Labour Economics, Elsevier, vol. 71(C).

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