Thinking Beyond Banning The Box

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Fair hiring practices are essential for giving justice-impacted individuals a real chance at rebuilding their lives. ‘Ban the Box’—a policy that removes criminal history questions from initial job applications—has been heralded as a significant reform to reduce hiring bias. 

Recent studies paint a more complicated picture: some suggest that these well-intentioned policies may unintentionally lead to new forms of discrimination, while others indicate a more positive impact. In conversation with Sam Bufe, Senior Manager of Research and Analytics at The Last Mile, we dive into the data and uncover how this policy impacts marginalized communities, prompting us to consider what more is needed for true fair chance hiring.

What is “Ban the Box”?

Ban the Box laws seek to eliminate questions about criminal convictions from job applications, ensuring that individuals won’t face automatic disqualification based on their past before having the chance to present their qualifications.

As Bufe explained, “It’s not even to say that there aren’t background checks. It’s just to say that you can’t have this little box asking about prior convictions on an application form. Background checks still happen, but later in the hiring process.”

The goal behind this legislation is to prevent the automatic filtering out of applicants with criminal records, giving them fairer consideration for positions based on their skills and experience.  

Bufe continued, “Rather than immediately filtering out an applicant who indicates that they have a conviction history, employers will look at their application and determine if they compare favorably to the competition. Even if they get flagged in a background check later, the organization may still decide to hire them.”

What Are The Effects of Ban the Box Policy?

Ban the Box (BTB) policies, which delay questions about criminal history in the hiring process, are meant to give justice-impacted individuals a fair chance at employment. Yet, studies have shown that BTB policies may have mixed or unintended outcomes, especially for young Black and Hispanic men. 

Initial research by Doleac and Hansen (2017) suggested that BTB might inadvertently increase racial discrimination. In their analysis, Doleac and Hansen found that after BTB policies were implemented, young Black men without a college degree saw a 3.4 percentage point decrease in employment. For Hispanic men in the same demographic, employment decreased by 2.3 percentage points. 

The implication is that, when unable to ask about criminal records early in the hiring process, companies may assume that applicants from groups statistically more likely to have criminal records—such as young, low-skilled Black and Hispanic men—are likely to have a criminal past. 

Employers may rely on stereotypes instead of giving applicants the benefit of the doubt, resulting in qualified individuals from these groups being overlooked.  According to Doleac and Hansen, these well-intentioned policies could lead to “statistical discrimination” that worsens employment outcomes for specific demographic groups.

A recent study by Burton and Wasser (2024) offers a different perspective, suggesting that BTB policies might not have these negative effects. Using a larger sample, Burton and Wasser found no significant differences in employment outcomes for Black and Hispanic men after BTB laws were implemented. 

The implications of Burton and Wasser’s findings are critical. Suppose BTB policies indeed do not significantly affect employment outcomes negatively or positively, as their study suggests.  Looking at the research as a whole, while the exact effects of BTB remain debated, there is little evidence that these policies alone lead to significantly better job outcomes for justice-impacted individuals. Policymakers should look beyond BTB and focus on programs that actively support equitable hiring.

For example, instead of relying solely on BTB, initiatives could emphasize fair chance employment programs that incentivize businesses to consider justice-impacted individuals and provide mentorship and support for their integration into the workforce.

Bufe underscores the importance of moving beyond BTB alone: “BTB is one step, but true fair chance hiring requires broader, supportive policies that not only remove barriers but actively create opportunities.” The evolution of data and perspectives in criminal justice suggests that while a policy like BTB can play a role in fairer hiring practices, it may be insufficient by itself. 

Fair Chance Hiring Beyond Ban the Box

While the debate around Ban the Box continues, Bufe emphasized that the policy alone is insufficient to address the broader challenges faced by justice-impacted individuals in the job market. 

“Ban the Box is not a standalone policy that’s going to fix everything,” Bufe pointed out. “We need proactive programs where employers are incentivized to actively seek out and support justice-impacted individuals.”

At The Last Mile, we believe in the importance of creating pathways to success for formerly incarcerated people and Ban the Box can be one part of that solution. However, as Bufe noted, real progress will require more comprehensive approaches that address systemic discrimination and provide justice-impacted individuals with the skills and support they need to succeed. 

“Ban The Box is about giving employers the opportunity to meet these people and see their potential before making judgments based on their past,” Bufe continued. “If employers are just running background checks and making discriminatory hiring decisions later in the process, then these policies are not going to actually translate to better outcomes for justice-impacted individuals.” 

While Ban the Box is a valuable tool in the fight for fair chance employment, it is not a silver bullet. We must continue to push for policies and programs that not only remove barriers but also actively promote the hiring and integration of justice-impacted individuals into the workforce. By doing so, we can help break the cycle of incarceration and create a more equitable society for all.

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