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