Banning the Box but Keeping the Discrimination?: Disparate Impact and Employers’ Overreliance on....

How can advocates use Title VII disparate impact litigation and the Equal Employment Opportunity Commission to move more effectively towards ending employment discrimination against people with criminal records? This author argues that advocates should push the EEOC to support BTB policies and provide further guidance to enforce anti-discrimination laws which could then be used, both in and out of court, to hold employers accountable.


Smith, J. J. (2014). Banning the Box but Keeping the Discrimination?: Disparate Impact and Employers’ Overreliance on Criminal Background Checks. Harvard Civil Rights, 49(1), 32. http://doi.wiley.com/10.1111/1745-9133.12250

OR

Open Access Source: https://harvardcrcl.org/wp-content/uploads/sites/10/2009/06/HLC105.pdf

Recent Posts

See All

Ban the Box policies do not increase statistical discrimination towards Black men. Contrary to other recent studies, this analysis indicates BTB policies increase the likelihood of employment for form

Ban the Box laws are helpful for reducing discrimination against people with criminal records as a whole, while also working towards ending racial discrimination. Because recent research shows that