A recent study published by the National Bureau of Economic Research sheds light on the impact of “ban-the-box” laws, aimed at improving fairness in hiring for formerly incarcerated individuals. Contrary to expectations, the study found no significant effect, positive or negative, on employment for lower-educated men across demographic categories.
Conducted by researchers from the University of Chicago, the study revealed that ban-the-box laws, which prohibit employers from inquiring about applicants’ conviction records and criminal histories on job applications, did not systematically influence employment outcomes for lower-educated men, irrespective of age, race, or ethnicity.
In an interview, Robert Kaestner, a research professor at the university’s Harris School of Public Policy and co-author of the study, suggested two reasons for the lack of impact. Firstly, many of the laws examined applied solely to state or county government jobs, which are limited in number and often concentrated within state capitals or county seats. Secondly, enforcement mechanisms for these laws are typically weak, with no criminal penalties attached and minimal auditing of employer compliance by state agencies.
Kaestner highlighted that laws placing restrictions on employer background checks or mandating delayed background checks can be easily circumvented. The study focused on lower-educated men due to their relatively high rates of criminal history and limited data availability on formerly incarcerated individuals.
Despite advocacy efforts promoting “second chance hiring” by organizations like the Society for Human Resource Management, the study suggests that ban-the-box laws may have limited effectiveness due to factors such as private-sector employers’ openness to hiring individuals with criminal records.
While second-chance hiring initiatives have continued, the rate of new ban-the-box laws has slowed in recent years. Hawaii was the first state to enact such a law in 1998, followed by at least 26 other states. However, the most recent state to pass such legislation was New Hampshire in 2020.
The findings of the University of Chicago study add to a nuanced academic assessment of ban-the-box laws. While some studies have found positive effects, such as a reduction in repeat offenses and increased public-sector hiring of individuals with criminal records, others have highlighted unintended consequences, including potential discrimination against certain demographic groups.
Overall, the effectiveness of ban-the-box laws remains a subject of debate within academic and policy circles, with further research needed to understand their full impact on employment outcomes and societal equity.
