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This fact brief was originally published as an experiment to test the concepts behind fact briefs.

Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.

FACT BRIEF

Is there definitive evidence that banning employers from asking about criminal records helps formerly incarcerated people?

Tuesday, December 8, 2020

By Austin Tannenbaum

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There is so far no definitive evidence that ban-the-box laws, which make it illegal to ask about criminal history on a job application, raise employment rates for formerly incarcerated people. Currently, 36 states and 150 cities have passed ban-the-box laws.

Though some studies have found that the laws increased employment of formerly incarcerated people by up to 30%, critics have pointed out methodological pitfalls. Other studies have found that the laws had either no impact or a negative one on employment for people with convictions. In particular, employers often assumed Black or Hispanic applicants had criminal records in the absence of a declaration of their actual history.

The Center for American Progress, a left-leaning think tank, has stated that the laws alone are "not enough" and calls for more robust measures to ensure non-discrimination.

This fact brief is responsive to conversations such as this one.

Sources

Iowa Law Review: Do ban-the-box laws really work?

Jennifer Doleac: Testimony to House Committee on Oversight and Government Reform about empirical evidence on the effects of ban the box policies

Center for American Progress: Ban the box and beyond

National Employment Law Project: US cities, counties, and states adopt fair hiring policies

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Gigafact

Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.

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About fact briefs published on Gigafact

Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.