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Do State Laws Protecting Older Workers from Discrimination Reduce Age Discrimination in Hiring? Evidence from a Field Experiment

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  • David Neumark
  • Ian Burn
  • Patrick Button
  • Nanneh Chehras

Abstract

We provide evidence from a field experiment in all 50 states on age discrimination in hiring for retail sales jobs. We relate measured age discrimination – the difference in callback rates between old and young applicants – to state variation in anti-discrimination laws protecting older workers. Anti-discrimination laws could boost hiring, although they could have the unintended consequence of deterring hiring if their main effect is to increase termination costs. We find some evidence that there is less discrimination against older men and women in states where age discrimination law allows larger damages, and some evidence that there is lower discrimination against older women in states where disability discrimination law allows larger damages. But this evidence is not robust to all of the estimations we consider. However, we reach a robust conclusion that stronger or broader laws protecting older workers from discrimination do not have the unintended consequence of deterring their hiring.

Suggested Citation

  • David Neumark & Ian Burn & Patrick Button & Nanneh Chehras, 2018. "Do State Laws Protecting Older Workers from Discrimination Reduce Age Discrimination in Hiring? Evidence from a Field Experiment," NBER Working Papers 25369, National Bureau of Economic Research, Inc.
  • Handle: RePEc:nbr:nberwo:25369
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    References listed on IDEAS

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    1. Neumark, David & Song, Joanne, 2013. "Do stronger age discrimination laws make Social Security reforms more effective?," Journal of Public Economics, Elsevier, vol. 108(C), pages 1-16.
    2. Patrick Button, 2018. "Expanding Employment Discrimination Protections for Individuals with Disabilities: Evidence from California," ILR Review, Cornell University, ILR School, vol. 71(2), pages 365-393, March.
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    Cited by:

    1. Van Borm, Hannah & Burn, Ian & Baert, Stijn, 2021. "What Does a Job Candidate's Age Signal to Employers?," Labour Economics, Elsevier, vol. 71(C).
    2. Button, Patrick & Khan, Mashfiqur R. & Penn, Mary, 2022. "Do stronger employment discrimination protections decrease reliance on Social Security Disability Insurance? Evidence from the U.S. Social Security reforms," The Journal of the Economics of Ageing, Elsevier, vol. 22(C).
    3. Lippens, Louis & Baert, Stijn & Derous, Eva, 2021. "Loss aversion in taste-based employee discrimination: Evidence from a choice experiment," Economics Letters, Elsevier, vol. 208(C).
    4. Ian Burn & Patrick Button & Luis Felipe Munguia Corella & David Neumark, 2019. "Older Workers Need Not Apply? Ageist Language in Job Ads and Age Discrimination in Hiring," NBER Working Papers 26552, National Bureau of Economic Research, Inc.
    5. Button, Patrick & Walker, Brigham, 2020. "Employment discrimination against Indigenous Peoples in the United States: Evidence from a field experiment," Labour Economics, Elsevier, vol. 65(C).
    6. Monique Morrissey & Siavash Radpour & Barbara Schuster, 2023. "Older Workers and Retirement Security: a Review," SCEPA working paper series. 2023-01, Schwartz Center for Economic Policy Analysis (SCEPA), The New School.
    7. Lippens, Louis & Vermeiren, Siel & Baert, Stijn, 2023. "The state of hiring discrimination: A meta-analysis of (almost) all recent correspondence experiments," European Economic Review, Elsevier, vol. 151(C).
    8. Richard J. Hunter & John H. Shannon & Henry J. Amoroso, 2019. "Employment Discrimination Based on Age: Part II: Applying the ADEA in Employment Scenarios: Discrimination, Idle Chatter, or Something Else?," Journal of Public Administration and Governance, Macrothink Institute, vol. 9(1), pages 1-17, March.
    9. Patrick Button & Philip Armour & Simon Hollands, 2023. "Estimating the Effects of the ADA Amendments Act on the Hiring and Termination of Individuals with Disabilities, Using New Disability Categorizations," Upjohn Working Papers 22-377, W.E. Upjohn Institute for Employment Research.
    10. Joanne Song McLaughlin, 2020. "Falling Between the Cracks: Discrimination Laws and Older Women," LABOUR, CEIS, vol. 34(2), pages 215-238, June.

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    More about this item

    JEL classification:

    • J23 - Labor and Demographic Economics - - Demand and Supply of Labor - - - Labor Demand
    • J26 - Labor and Demographic Economics - - Demand and Supply of Labor - - - Retirement; Retirement Policies
    • J7 - Labor and Demographic Economics - - Labor Discrimination
    • J78 - Labor and Demographic Economics - - Labor Discrimination - - - Public Policy (including comparable worth)
    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law

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