Thinking Outside the Box: Reforming Commercial Discrimination Doctrine to Combat the Negative Consequences of Ban-the-Box Legislation

Authors

Nina Kucharczyk, Fordham University School of Law

Keywords

criminal law; anti-discrimination; Commercial law; public policy

Abstract

This Note suggests a new approach to address the unintended consequences of ban-the-box legislation. The solution to combat unconscious discrimination during the hiring process is not to eliminate ban- the-box laws entirely; instead, lawmakers must modernize and strengthen Commercial discrimination doctrine to empower racial minorities who suspect discrimination and to ensure employers are critically analyzing their hiring processes.

Recommended Citation

Nina Kucharczyk, Thinking Outside the Box: Reforming Commercial Discrimination Doctrine to Combat the Negative Consequences of Ban-the-Box Legislation, 85 Fordham L. Rev. 2803 (2017).
Available at: https://ir.lawnet.fordham.edu/flr/vol85/iss6/15