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Ban-the-Box Laws: Fair and Effective?

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  • Robert Kaestner
  • Xufei Wang

Abstract

Ban-the-box (BTB) laws are a widely used public policy rooted in employment law related to unnecessarily exclusionary hiring practices. BTB laws are intended to improve the employment opportunities of those with criminal backgrounds by giving them a fair chance during the hiring process. Prior research on the effectiveness of these laws in meeting their objective is limited and inconclusive. In this article, we extend the prior literature in two ways: we expand the years of analysis to a period of rapid expansion of BTB laws and we examine different types of BTB laws depending on the employers affected (e.g., public sector). Results indicate that BTB laws, any type of BTB law or BTB laws covering different types of employers, have no systematic or statistically significant association with employment of low-educated men, both young and old and across racial and ethnic groups. We speculate that the lack of effectiveness of BTB laws stems from the difficulty in enforcing such laws and already high rates of employer willingness to hire those with criminal histories.

Suggested Citation

  • Robert Kaestner & Xufei Wang, 2024. "Ban-the-Box Laws: Fair and Effective?," NBER Working Papers 32273, National Bureau of Economic Research, Inc.
    • Handle: RePEc:nbr:nberwo:32273
    Note: LS PE
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    JEL classification:

    • J71 - Labor and Demographic Economics - - Labor Discrimination - - - Hiring and Firing

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