Home
/
RELIGION & LIBERTY ONLINE
/
The unintended consequences of ‘ban the box’ legislation
The unintended consequences of ‘ban the box’ legislation
Jan 16, 2026 4:07 AM

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
Verse of the Day
  Romans 5:19 In-Context   17 For if, by the trespass of the one man, death reigned through that one man, how much more will those who receive God's abundant provision of grace and of the gift of righteousness reign in life through the one man, Jesus Christ!   18 Consequently, just as one trespass resulted in condemnation for all people, so also...
Verse of the Day
  Daniel 2:20-23 In-Context   18 He urged them to plead for mercy from the God of heaven concerning this mystery, so that he and his friends might not be executed with the rest of the wise men of Babylon.   19 During the night the mystery was revealed to Daniel in a vision. Then Daniel praised the God of heaven   20 and...
Verse of the Day
  Isaiah 61:10 In-Context   8 For I, the Lord, love justice; I hate robbery and wrongdoing. In my faithfulness I will reward my people and make an everlasting covenant with them.   9 Their descendants will be known among the nations and their offspring among the peoples. All who see them will acknowledge that they are a people the Lord has blessed....
Verse of the Day
  Galatians 2:20 In-Context   18 If I rebuild what I destroyed, then I really would be a lawbreaker.   19 For through the law I died to the law so that I might live for God.   20 I have been crucified with Christ and I no longer live, but Christ lives in me. The life I now live in the body, I...
Verse of the Day
  Psalm 27:7,9-10 In-Context   5 For in the day of trouble he will keep me safe in his dwelling; he will hide me in the shelter of his sacred tent and set me high upon a rock.   6 Then my head will be exalted above the enemies who surround me; at his sacred tent I will sacrifice with shouts of joy;...
Verse of the Day
  1 Corinthians 10:12 In-Context   10 And do not grumble, as some of them did-and were killed by the destroying angel.   11 These things happened to them as examples and were written down as warnings for us, on whom the culmination of the ages has come.   12 So, if you think you are standing firm, be careful that you don't fall!...
Verse of the Day
  Commentary on Todays Verse   Commentary on Psalm 37:1-6   Read Psalm 37:1-6   When we look abroad we see the world full of evil-doers, that flourish and live in ease. So it was seen of old, therefore let us not marvel at the matter. We are tempted to fret at this, to think them the only happy people, and so we are...
Verse of the Day
  1 Corinthians 3:18-20 In-Context   16 Don't you know that you yourselves are God's temple and that God's Spirit dwells in your midst?   17 If anyone destroys God's temple, God will destroy that person; for God's temple is sacred, and you together are that temple.   18 Do not deceive yourselves. If any of you think you are wise by the standards...
Verse of the Day
  Commentary on Todays Verse   Commentary on Proverbs 22:4   Read Proverbs 22:4   Where the fear of God is, there will be humility. And much is to be enjoyed by it spiritual riches, and eternal life at last.   Proverbs 22:4 In-Context   2 Rich and poor have this in common: The Lord is the Maker of them all.   3 The prudent see danger...
Verse of the Day
  John 3:18 In-Context   16 For God so loved the world that he gave his one and only Son, that whoever believes in him shall not perish but have eternal life.   17 For God did not send his Son into the world to condemn the world, but to save the world through him.   18 Whoever believes in him is not condemned,...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved