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'Ban the Box' Laws May Worsen Hiring Discrimination, New Research Finds

Ben Leubsdorf
October 3, 2016
The Wall Street Journal

'Ban the Box' Laws May Worsen Hiring Discrimination, New Research Finds

Ben Leubsdorf
October 3, 2016
The Wall Street Journal

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Photo of attorney Jonathan Segal

From city-council chambers and state capitols to the White House, officials across the U.S. in recent years have embraced “ban the box” policies aimed at helping Americans with criminal records find jobs. But new research indicates the laws may be exacerbating racial discrimination in hiring. 

[...]

Jonathan Segal, an employment law attorney at Duane Morris LLP, said ban-the-box laws can be crafted to balance employer concerns with applicant protections. Barring questions about a criminal record until the job offer is made, he said, would place a greater burden on employers than allowing a background check after the initial interview.

But in any case, he said, it is illegal for employers to discriminate based on race.

“It’s possible that someone who has racial animus is more likely to act on it because of these laws,” Mr. Segal said. “But the animus is already there.”

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