Fighting labor market discrimination with ban the box (BTB): Are there racial implications?

Abstract

AbstractWe develop a theoretical commentary on the implementation and expansion of the ban the box (BTB) movement as a legal response to the formal and informal discrimination ex‐offenders face every day in the labor market, in particular the racial impacts of such policies. We first provide a thorough overview of the numerous laws that have created barriers to ex‐offender employment. Then we focus on the advent of BTB legislation across the U.S. and the impact these policies might have in the long run. An emphasis on the racial implications is necessary to explore the potential of BTB policies to exacerbate statistical discrimination that would marginalize young minority males with clean records. While we do not advocate the removal of BTB policies, our discussion aims to clarify the risks associated with limiting employers' access to applicants' information in the job market and to highlight the unintended consequences such policies could have on those without criminal records.