Ban the Box, Criminal Records, and Racial Discrimination: A Field Experiment*

Abstract

“Ban the Box” (BTB) policies restrict employers from asking about applicants’ criminal histories on job applications and are often presented as a means of reducing unemployment among black men, who disproportionately have criminal records. However, withholding information about criminal records could risk encouraging racial discrimination: employers may make assumptions about criminality based on the applicant's race. To investigate BTB’s effects, we sent approximately 15,000 online job applications on behalf of fictitious young, male applicants to employers in New Jersey and New York City before and after the adoption of BTB policies. These applications varied whether the applicant had a distinctly black or distinctly white name and the felony conviction status of the applicant. We confirm that criminal records are a major barrier to employment: employers that asked about criminal records were 63% more likely to call applicants with no record. However, our results support the concern that BTB policies encourage racial discrimination: the black-white gap in callbacks grew dramatically at companies that removed the box after the policy went into effect. Before BTB, white applicants to employers with the box received 7% more callbacks than similar black applicants, but BTB increased this gap to 43%. We believe that the best interpretation of these results is that employers are relying on exaggerated impressions of real-world racial differences in felony conviction rates.

Criminal Records and College Admissions: A Modified Experimental Audit

“…But these policies do often allow the employer to make those inquiries in later stages of the hiring process. The logic underlying such policies is that applicants with records will fare better if they are given some initial consideration and a "fair chance" to explain their criminal record during the interview phase The implication is that the lack of direct criminal history information may have harmed Black male applicants without records as they had fewer opportunities to overcome employers' erroneous assumptions regarding their criminality (Agan and Starr, 2018;Phelps, 1972;Vuolo et al, 2017). Any BTB policy initiative should therefore seriously consider potential unintended consequences for those with and without criminal records, at least with respect to the employment context.…”

“…Research on the policy's impact, however, has raised troubling questions about potential statistical discrimination when "the box" is banned. In particular, such work suggests that BTB policies might exacerbate some forms of racial discrimination (Agan and Starr 2018;Doleac and Hansen 2016;Vuolo, Lageson, and Uggen, 2017). Agan and Starr (2018), for example, tested the interaction between felony record and race in correspondence audits conducted before and after BTB in New York City and New Jersey.…”

“…In particular, such work suggests that BTB policies might exacerbate some forms of racial discrimination (Agan and Starr 2018;Doleac and Hansen 2016;Vuolo, Lageson, and Uggen, 2017). Agan and Starr (2018), for example, tested the interaction between felony record and race in correspondence audits conducted before and after BTB in New York City and New Jersey. Following implementation of BTB, the Black-White gap in callbacks at companies that removed the box from their applications grew six-fold compared to the pre-BTB gap (43 percent and 7 percent, respectively).…”

“…In 2017, Louisiana became the first state to pass and enact a college BTB bill for its public colleges, and in early 2018 the Maryland General Assembly overrode a veto to enact its own college BTB bill (Newhouse, 2017;Dresser, 2018). In light of this movement, and the unintended consequences of BTB policies in the employment sector (e.g., Agan and Starr, 2018), it is increasingly urgent to learn how banning the box from college applications would affect applicants with and without criminal records. …”

“…In light of this movement, and the unintended consequences of BTB policies in the employment sector (e.g., Agan and Starr, 2018), it is increasingly urgent to learn how banning the box from college applications would affect applicants with and without criminal records.…”