Cited by 58Names, Identity, and Discrimination ResearchRetirement, Disability, and EmploymentDiscrimination and Equality Law

Do state laws protecting older workers from discrimination reduce age discrimination in hiring? Evidence from a field experiment

Open access
Neumark, David, Burn, Ian, Button, Patrick, Chehras, Nanneh·2019·The Journal of Law and Economics

Abstract

We conduct a resume field experiment in all U.S. states to study how state laws protecting older workers from age discrimination affect age discrimination in hiring for retail sales jobs. We relate the difference in callback rates between old and young applicants to state variation in age and disability discrimination laws. These laws could boost hiring of older applicants, although they could have the unintended consequence of deterring hiring if they increase termination costs. In our preferred estimates that are weighted to be representative of the workforce, we find evidence that there is less discrimination against older men and women in states where age discrimination law allows larger damages, and more limited evidence that there is lower discrimination against older women in states where disability discrimination law allows larger damages. Our clearest result is that these laws do not have the unintended consequence of lowering callbacks for older workers.

The claims and statistics of this paper haven’t been checked yet.

Run the check — free, no account needed. It reads the open-access text and checks the sources it cites.

A few free checks a day · papers already verified open instantly · results are public

Integrity signals

Registry

Crossref · 10.1086/704008

Cites

2 of 2 references verified0 citation errors · 0 not checkable

Statistics

Claims the paper makes

The claims and statistics of this paper haven’t been checked yet.

Run the check — free, no account needed. It reads the open-access text and checks the sources it cites.

A few free checks a day · papers already verified open instantly · results are public

Claims other papers make about this one

Each is checked against this paper’s own text: does it say what the citing paper says it does?

Self-check

Percentages, sums and reported differences re-computed from the paper’s own numbers.

The self-check needs the paper’s full text.

Cites

Flagged first, then by citations

Research works printed but not linked: 48

  1. Acemoglu Daron, and Angrist Joshua D.. 2001 “ Consequences of Employment Protection? The Case of the Americans with Disabilities Act.” Journal of Political Economy, Vol. 109, pp. 915– 57.
  2. Adams Scott. 2004 “ Age Discrimination Legislation and the Employment of Older Workers.” Labour Economics, Vol. 11, pp. 219– 41.
  3. Agan Amanda, and Starr Sonja. 2018 “ Ban the Box, Criminal Records, and Racial Discrimination: A Field Experiment.” Quarterly Journal of Economics, Vol. 131, pp. 191– 235.
  4. Ai Chunrong, and Norton Edward C.. 2003 “ Interaction Terms in Logit and Probit Models.” Economics Letters, Vol. 80, pp. 123– 9.
  5. Ameri Mason, 2018 “ The Disability Employment Puzzle: A Field Experiment on Employer Hiring Behavior.” Industrial and Labor Relations Review, Vol. 71, pp. 329– 364.
  6. Armour Philip, Button Patrick, and Hollands Simon. 2018 “ Disability Saliency and Discrimination in Hiring.” American Economic Association Papers and Proceedings, Vol. 108, pp. 262– 266.
  7. Baert Stijn, Norga Jennifer, Thuy Yannick, and Van Hecke Marieke. 2016 “ Getting Grey Hairs in the Labour Market. An Alternative Experiment on Age Discrimination.” Journal of Economic Psychology, Vol. 57, pp. 86– 101.
  8. Becker Gary S. 1957 The Economics of Discrimination. Chicago: University of Chicago Press.
  9. Beegle Kathleen, and Stock Wendy A.. 2003 “ The Labor Market Effects of Disability Discrimination Laws.” Journal of Human Resources, Vol. 38, pp. 806– 59.
  10. Bell David, and Heitmueller Axel. 2009 “ The Disability Discrimination Act in the UK: Helping or Hindering Employment among the Disabled?” Journal of Health Economics Vol. 28, pp. 465– 480. 19091434
  11. Bendick Marc Jr., Jackson Charles W., and Romero J. Horacio 1997 “ Employment Discrimination Against Older Workers: An Experimental Study of Hiring Practices.” Journal of Aging & Social Policy, Vol. 8, pp. 25– 46. 10183248
  12. Bertrand Marianne, and Mullainathan Sendhil. 2004 “ Are Emily and Greg More Employable than Lakisha and Jamal? A Field Experiment on Labor Market Discrimination.” American Economic Review, Vol. 94, pp. 991– 1013.
  13. Bloch Farrell. 1994 Antidiscrimination Law and Minority Employment. Chicago: University of Chicago Press.
  14. Button Patrick. 2018 “ Expanding Employment Discrimination Protections for Individuals with Disabilities: Evidence from California.” Industrial and Labor Relations Review, Vol. 71, pp. 365– 93.
  15. Button Patrick, and Khan Mashfiqur R. 2018 “ Do Stronger Employment Discrimination Protections Decrease Reliance on Social Security Disability Insurance? Evidence from the Social Security Reforms” Unpublished paper. Tulane University, Department of Economics, New Orleans, LA. PMC9122272 35603083
  16. Button Patrick, and Walker Brigham. 2019 “ Employment Discrimination Against Indigenous Peoples in the United States: Evidence from a Field Experiment” IZA Discussion Paper No. 12131. IZA Institute of Labor Economics, Bonn, Germany. PMC7351098 32655210
  17. Cahill Kevin E, Giandrea Michael D., and Quinn Joseph F. 2006 “ Retirement Patterns from Career Employment.” The Gerontologist, Vol. 46, pp. 514– 23. 16921005
  18. Colker Ruth. 1999 “ The Americans with Disabilities Act: A Windfall for Defendants.” Harvard Civil Rights Civil Liberties Law Review, Vol. 34, pp. 99– 162.
  19. DeLeire Thomas. 2000 “ The Wage and Employment Effects of the Americans with Disabilities Act.” Journal of Human Resources, Vol. 35, pp. 693– 715.
  20. Farber Henry S., Silverman Dan, and von Wachter Till. 2017 “ Factors Determining Callbacks to Job Applications by the Unemployed.” RSF: The Russell Sage Foundation Journal of the Social Sciences, Vol. 3, pp. 168– 201.
  21. Fix Michael, and Struyk Raymond. 1993 Clear and Convincing Evidence: Measurement of Discrimination in America. Washington, DC: The Urban Institute Press.
  22. Gardner Russell H., and Campanella Carolyn J.. 1991 “ The Undue Hardship Defense to the Reasonable Accommodation Requirement of the Americans with Disabilities Act of 1990.” Labor Lawyer, Vol. 7, pp. 37– 51.
  23. Heckman James J. 1998 “ Detecting Discrimination.” Journal of Economic Perspectives, Vol. 12, pp. 101– 16.
  24. Heckman James, and Siegelman Peter. 1993 “ The Urban Institute Audit Studies: Their Methods and Findings” In Fix and Struyk, eds., Clear and Convincing Evidence: Measurement of Discrimination in America. Washington, D.C.: The Urban Institute Press, pp. 187– 258.
  25. Hotchkiss Julie L. 2004 “ A Closer Look at the Employment Impact of the Americans with Disabilities Act.” Journal of Human Resources, Vol. 39, pp. 887– 911.
  26. Kruse Douglas, and Schur Lisa. 2003 “ Employment of People with Disabilities Following the ADA.” Industrial Relations, Vol. 42, pp. 31– 66.
  27. Lahey Joanna. 2008a “ Age, Women, and Hiring: An Experimental Study.” Journal of Human Resources, Vol. 43, pp. 30– 56.
  28. Lahey Joanna. 2008b “ State Age Protection Laws and the Age Discrimination in Employment Act.” Journal of Law and Economics, Vol. 51, pp. 433– 60.
  29. Lahey Joanna N., and Beasley Ryan A.. 2009 “ Computerizing Audit Studies.” Journal of Economic Behavior & Organization, Vol. 70, pp. 508– 14. 24904189 PMC4043286
  30. Maestas Nicole. 2010 “ Back to Work: Expectations and Realizations of Work after Retirement.” Journal of Human Resources, Vol. 45, pp. 718– 48. 24791018 PMC4004604
  31. Moberly Michael D. 1994 “ Reconsidering the Discriminatory Motive Requirement in ADEA Disparate Treatment Cases.” New Mexico Law Review, Vol. 24, pp. 89– 124.
  32. Molloy Raven, Smith Christopher L., and Wozniak Abigail. 2011 “ Internal Migration in the United States.” Journal of Economic Perspectives, Vol. 25, pp. 173– 96.
  33. Neumark David. 2018 “ Experimental Evidence on Labor Market Discrimination.” Journal of Economic Literature, Vol. 56, pp. 799– 866.
  34. Neumark David. 2012 “ Detecting Evidence of Discrimination in Audit and Correspondence Studies.” Journal of Human Resources, Vol. 47, pp. 1128– 57.
  35. Neumark David. 2009 “ The Age Discrimination in Employment Act and the Challenge of Population Aging.” Research on Aging, Vol. 31, pp. 41– 68.
  36. Neumark David. 1996 “ Sex Discrimination in Restaurant Hiring: An Audit Study” Quarterly Journal of Economics, Vol. 111, pp. 915– 941.
  37. Neumark David, Burn Ian, and Button Patrick. 2019 “ Is It Harder for Older Workers to Find Jobs? New and Improved Evidence from a Field Experiment.” Journal of Political Economy, Vol. 127, pp 922– 970.
  38. Neumark David, and Song Joanne. 2013 “ Do Stronger Age Discrimination Laws Make Social Security Reforms More Effective?” Journal of Public Economics, Vol. 108, pp. 1– 16.
  39. Neumark David, Song Joanne, and Button Patrick. 2017 “ Does Protecting Older Workers from Discrimination Make It Harder to Get Hired? Evidence from Disability Discrimination Laws.” Research on Aging, Vol. 39, pp. 29– 63. 28181873
  40. Oyer Paul, and Schaefer Scott. 2002 “ Sorting, Quotas, and the Civil Rights Act of 1991: Who Hires When It’s Hard to Fire?” Journal of Law and Economics, Vol. 45, pp, 41– 68.
  41. Pager Devah. 2007 “ The Use of Field Experiments for Studies of Employment Discrimination: Contributions, Critiques, and Directions for the Future.” Annals of the American Academy of Political and Social Science, No. 609, pp. 104– 33.
  42. Posner Richard A. 1995 Aging and Old Age. Chicago: University of Chicago Press.
  43. Riach Peter A., and Rich Judith. 2010 “ An Experimental Investigation of Age Discrimination in the English Labor Market.” Annals of Economics and Statistics, No. 99/ 100, pp. 169– 85.
  44. Solon Gary, Haider Steven J., and Wooldridge Jeffrey M.. 2015 “ What Are We Weighting For?” Journal of Human Resources, Vol. 50, pp. 301– 16.
  45. Starkman Paul E. 1992 “ Alleging a ‘Pattern or Practice” under ADEA: An Analysis of the Impact and Problems of Proof.” Labor Lawyer, Vol. 8, pp. 91– 123.
  46. Sterns Harvey L., and Miklos Suzanne M.. 1995 “ The Aging Worker in a Changing Environment: Organization and Individual Issues.” Journal of Vocational Behavior, Vol. 47, pp. 248– 68.
  47. Stock Wendy A., and Beegle Kathleen. 2004 “ Employment Protections for Older Workers: Do Disability Discrimination Laws Matter?” Contemporary Economic Policy, Vol. 22, pp. 111– 26.
  48. Tilcsik András. 2011 “ Pride and Prejudice: Employment Discrimination against Openly Gay Men in the United States.” American Journal of Sociology, Vol. 117, 586– 626. 22268247

Authors
Neumark, D., Burn, I., Button, P., & Chehras, N.
Affiliations
  • University of California, Irvine (US)
  • Stockholm University (SE)
  • Tulane University (US)
  • Amazon (United States) (US)
Venue
The Journal of Law and Economics
Published
2019-05
Volume
62
Issue
2
Pages
373-402
ISSN
  • 0022-2186 (ISSN-L)
  • 1537-5285
OpenAlex
W2904228819
Cited by
58
References
2
Citations by year
2026: 4 · 2025: 5 · 2024: 10 · 2023: 10 · 2022: 7 · 2021: 9 · 2020: 7 · 2019: 4 · 2018: 1 · 2017: 1
FWCI
12.72
Type
journal article
Language
en
Open access
Locations
  • The Journal of Law and Economics (publishedVersion)
  • PubMed (publishedVersion)
  • PubMed Central (acceptedVersion)
  • eYLS (Yale Law School) (submittedVersion)
  • eScholarship (California Digital Library) (submittedVersion)
Funders
National Institute on Aging (T32AG000244)
Topics
  • Social Sciences › Sociology and Political Science › Names, Identity, and Discrimination Research
  • Social Sciences › Demography › Retirement, Disability, and Employment
  • Social Sciences › Law › Discrimination and Equality Law
Keywords
age discrimination, hiring discrimination, older workers, disability discrimination, damages awards, callback rates, termination costs, older women

About these checks

Registry, retraction, Cites and statistics results are computed, not judged, with one exception: a printed reference that no index lists is read once by a model before it counts as a citation error. Claims are extracted by a model and kept only when their quote appears verbatim in the text; each cited source is then checked, with a model’s help, for whether it says what the claim relies on. Those verdicts can be wrong — read the claim’s quote and the cited source before relying on one.

Statistics and arithmetic are recomputed, not judged.

Confidence bands are shown only for fields calibrated on our annotated test set. None is calibrated yet, so no band is shown.

What counts as a claim ›How we measure confidence ›How we check this ›

Are you an author, or do you see a problem with this page? Request a review