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Revisiting the Unintended Consequences of Ban the Box

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  • Anne M. Burton
  • David N. Wasser

Abstract

Ban-the-Box (BTB) policies intend to help formerly incarcerated individuals find employment by delaying when employers can ask about criminal records. We revisit the finding in Doleac and Hansen (2020) that BTB causes statistical discrimination against minority men. We correct miscoded BTB laws and show that estimates from the Current Population Survey (CPS) remain quantitatively similar, while those from the American Community Survey (ACS) now fail to reject the null hypothesis of no effect of BTB on employment. In contrast to the published estimates, these ACS results are statistically significantly different from the CPS results, indicating a lack of robustness across datasets. We do not find evidence that these differences are due to sample composition or survey weights. There is limited evidence that these divergent results are explained by the different frequencies of these surveys. Differences in sample sizes may also lead to different estimates; the ACS has a much larger sample and more statistical power to detect effects near the corrected CPS estimates.

Suggested Citation

  • Anne M. Burton & David N. Wasser, 2025. "Revisiting the Unintended Consequences of Ban the Box," Working Papers 25-58, Center for Economic Studies, U.S. Census Bureau.
    • Handle: RePEc:cen:wpaper:25-58
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    References listed on IDEAS

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    1. Phelps, Edmund S, 1972. "The Statistical Theory of Racism and Sexism," American Economic Review, American Economic Association, vol. 62(4), pages 659-661, September.
    2. Daniel Shoag & Stan Veuger, 2021. "Ban-the-Box Measures Help High-Crime Neighborhoods," Journal of Law and Economics, University of Chicago Press, vol. 64(1), pages 85-105.
    3. Peter Q. Blair & Bobby W. Chung, 2025. "Job Market Signaling Through Occupational Licensing," The Review of Economics and Statistics, MIT Press, vol. 107(2), pages 338-354, March.
    4. David H. Autor & David Scarborough, 2008. "Does Job Testing Harm Minority Workers? Evidence from Retail Establishments," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 123(1), pages 219-277.
    5. Evan K. Rose, 2021. "Does Banning the Box Help Ex-Offenders Get Jobs? Evaluating the Effects of a Prominent Example," Journal of Labor Economics, University of Chicago Press, vol. 39(1), pages 79-113.
    6. Alan B. Krueger & Alexandre Mas & Xiaotong Niu, 2017. "The Evolution of Rotation Group Bias: Will the Real Unemployment Rate Please Stand Up?," The Review of Economics and Statistics, MIT Press, vol. 99(2), pages 258-264, May.
    7. Yang, Crystal S., 2017. "Local labor markets and criminal recidivism," Journal of Public Economics, Elsevier, vol. 147(C), pages 16-29.
    8. Andrew Garin & Dmitri Koustas & Carl McPherson & Samuel Norris & Matthew Pecenco & Evan K. Rose & Yotam Shem‐Tov & Jeffrey Weaver, 2025. "The Impact of Incarceration on Employment, Earnings, and Tax Filing," Econometrica, Econometric Society, vol. 93(2), pages 503-538, March.
    9. Amanda Agan & Sonja Starr, 2018. "Ban the Box, Criminal Records, and Racial Discrimination: A Field Experiment," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 133(1), pages 191-235.
    10. 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.
    11. Kaestner, Robert & Wang, Xufei, 2024. "Ban-the-box laws: Fair and effective?," International Review of Law and Economics, Elsevier, vol. 78(C).
    12. Douglas L. Miller, 2023. "An Introductory Guide to Event Study Models," Journal of Economic Perspectives, American Economic Association, vol. 37(2), pages 203-230, Spring.
    13. Terry‐Ann Craigie, 2020. "Ban The Box, Convictions, And Public Employment," Economic Inquiry, Western Economic Association International, vol. 58(1), pages 425-445, January.
    14. Shoag, Daniel & Veuger, Stan, 2016. "No Woman No Crime: Ban the Box, Employment, and Upskilling," Working Paper Series 16-015, Harvard University, John F. Kennedy School of Government.
    15. Lundberg, Shelly J & Startz, Richard, 1983. "Private Discrimination and Social Intervention in Competitive Labor Markets," American Economic Review, American Economic Association, vol. 73(3), pages 340-347, June.
    16. Abigail Wozniak, 2015. "Discrimination and the Effects of Drug Testing on Black Employment," The Review of Economics and Statistics, MIT Press, vol. 97(3), pages 548-566, July.
    17. Alexander W. Bartik & Scott T. Nelson, 2025. "Deleting a Signal: Evidence from Pre-employment Credit Checks," The Review of Economics and Statistics, MIT Press, vol. 107(1), pages 152-171, January.
    18. Holzer, Harry J & Raphael, Steven & Stoll, Michael A, 2006. "Perceived Criminality, Criminal Background Checks, and the Racial Hiring Practices of Employers," Journal of Law and Economics, University of Chicago Press, vol. 49(2), pages 451-480, October.
    19. Lindo, Jason M. & Marcotte, Dave E. & Palmer, Jane E. & Swensen, Isaac D., 2019. "Any press is good press? The unanticipated effects of Title IX investigations on university outcomes," Economics of Education Review, Elsevier, vol. 73(C).
    20. Amanda Y. Agan & Andrew Garin & Dmitri K. Koustas & Alexandre Mas & Crystal Yang, 2024. "Can you Erase the Mark of a Criminal Record? Labor Market Impacts of Criminal Record Remediation," NBER Working Papers 32394, National Bureau of Economic Research, Inc.
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