Home
/
RELIGION & LIBERTY ONLINE
/
The unintended consequences of ‘ban the box’ legislation
The unintended consequences of ‘ban the box’ legislation
Oct 18, 2026 7:30 PM

Series note: Most of us realize that, for all our disagreements, our neighbors often have the best of intentions. But when es to public policy, good intentions are not enough to create human flourishing. That’s why a primary task of the Acton Institute is “connecting good intentions with sound economics.” Without sound economics as a foundation, good intentions tend to lead to detrimental unintended consequences. In this occasional series we examine policies and practices that are well-intended, but have negative, harmful, or otherwise unintended consequences.

If you’ve ever filled out a job application, you’ve probably had to check a box that ask whether you have a criminal record or have ever been convicted of a crime. For many applicants, that box is an insurmountable obstacle to gaining employment. An applicant with a criminal record often doesn’t even get the chance to explain their circumstances; the application is simply rejected by employers unwilling to take a risk.

Because of this discrimination against people with criminal records, there has been a growing movement to advocate for “ban the box” legislation. According to the National Employment Law Project, 30 states have adopted statewide laws or policies that prohibit such inquiries into job applicants’ records until later in the hiring process. Currently, there are now over 230 million people in the United States—over two-thirds of the U.S. population—that live in a jurisdiction with some form of ban-the-box policy.

Such legislation is intended to make it easier for those with a criminal records to find gainful employment. But several studies have shown the policies can have the unintended consequence of making it harder for certain groups—especially minority men—to get jobs.

For example, a study published last month in The Quarterly Journal of Economics found ban-the-box policies encourage racial discrimination. Before the policies were put in place employers gave white applicants seven percent more callbacks than black applicants. After the policies were implemented, white applicants got 43 percent more callbacks than black applicants. “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,” the study’s authors wrote.

A working paper published by the National Bureau of Economic Research found a similar result. This study found that black and Hispanic men between the ages of 25 and 34 who do not have a college degree are less likely to be employed under ban-the-box policies. Young, low-skilled black men are 5.1 percent less likely, on average, to be employed after such policies are adopted, while young, low-skilled Hispanic men are, on average, 2.9 percent less likely to be employed.

(Another working paper published this month by the National Bureau of Economic Research found a link between ban-the-box policies and a rise in property mitted by Hispanic men. The laws’ adoption is associated with a 16.5 percent increase in property mitted by Hispanic men between the ages of 25 and 34 and a 17.5 percent increase in property crimes among Hispanic men aged 35 to 64. Researchers found no evidence of increased crime for black men or non-Hispanic white men.)

Ban-the-box policies are a well-intended effort to help those who’ve paid their debt to society find work. But as the studies show, when government attempts to reduce the transparency at the individual level employers resort to discrimination on broader factors, such as race.

Fair-chance hiring practices should be encouraged, and we should find ways to remove barriers to employment for those trying to turn their life around. But ban-the-box policies aren’t a solution—they’re just creating new and unintended problems.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
The moral dilemmas of end-of-life care
I’ve written about the narrower problem of generational conflict as it relates to social security policy, here and here. From a perspective that passes the broader, related cultural, economic, and moral issues, Eric Cohen and Leon Kass write in Commentary the most thoughtful and thought-provoking piece I’ve read on the matter of intergenerational responsibility and end-of-life care. Credit to Stanley Kurtz at The Corner. ...
Prayer for the future
O God our heavenly Father, you have blessed us and given us dominion over all the earth: Increase our reverence before the mystery of life; and give us new insight into your purposes for the human race, and new wisdom and determination in making provision for its future in accordance with your will; through Jesus Christ our Lord. Amen. –U.S. Book of Common Prayer, “For the Future of the Human Race,” (1979), p. 828 I cannot pass up this prayer...
PowerBlog top 5 of 2005
Here are the Top 5 Acton Institute PowerBlog posts of 2005 (by number of visits): The Ethics of ‘Price Gouging’, Monday, August 29, 2005Benedict XVI on Markets and Morality, Thursday, May 5, 2005Bono: Aid or Trade?, Thursday, June 2, 2005Puggles, Malt-a-Poos, and Labradoodles, Oh My!, Tuesday, August 23, 2005Museum of Plastic Cadavers, Friday, May 20, 2005 ...
Happy new year!
From all of us here at the PowerBlog, please accept our best wishes for a happy, healthy and prosperous 2006! Care to make any predictions for the new year? Feel free to leave them in ments. ...
The glory of socialized health care
A newly certified Guinness World Record, presented without ment. ...
The stewardship of space
As the newly-burgeoning field of space tourism takes the first steps towards reality, elements of the federal government are already pushing for stringent regulation. In a 60 Minutes report last night, the Ansari X Prize, “an petition created in 1996 to stimulate private investment in space,” has spawned the new space race. This new field is “a race among panies and billionaire entrepreneurs to carry paying passengers into space and to kick-start a new industry, astro tourism.” Part of the...
Subsidiarity isn’t just another big word
My little home town of Seminole, Oklahoma, has been scorched by the wildfires sweeping through parts of Oklahoma and Texas. My mother’s beloved horse riding trails in the rural area around Seminole are either smoldering or threatened. I talked to an old high school friend about our response to the disaster. He said, “Karen, we paid attention after those hurricanes. We’re not looking to the government for help. The churches and people all around here have been helping since the...
Acton podcast updated for iTunes
For those of you who enjoy listening to podcasts, Acton has updated its own podcast to be more iTunes friendly. We’ve added an iTunes graphic to the feed, updated our description tags, and categorized it on the iTunes music store. For those interested in checking it out, please follow this link to the iTunes Music Store (iTunes is required). ...
One man’s trash…
Sometimes one man’s trash is just trash. “Most people have no clue what’s involved with taking a garbage bag of stuff and getting it to the person who needs it,” said Lindy Garnette, executive director for SERVE Inc., a Manassas-based nonprofit that operates a 60-bed homeless shelter and food bank. According to this story, “Eager for Treasure, Not Trash: Charities Sort Through Piles of Donated Goods, Some of Which They Can’t Use,” by Michael Alison Chandler in The Washington Post,...
Timber!
Today’s Wall Street Journal has yet another example of what happens when good intentions fail to connect with sound economics (or in this case, sound science). Thanks to the nation’s housing boom, business has been good for the West’s sawmills for the past three years. But Jim faced an insurmountable problem: He couldn’t buy enough logs to keep his mill running. This despite the fact that 10 times as many trees as Jim’s mill needed die annually on the nearby...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved