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Updated: Dec 28, 2025

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Published on: January 24, 2020
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Do State Laws Protecting Older Workers from Discrimination Reduce Age Discrimination in Hiring? Evidence from a Field
David Neumark1, Ian Burn2, Patrick Button3
1University of California, Irvine, NBER, IZA, and CESifo.
Summary
State laws protecting older workers reduce age discrimination in hiring. Stronger age discrimination laws correlate with less bias, and disability laws show a smaller effect, with no negative impact on older job seekers' callback rates.
Area of Science:
- Labor Economics
- Applied Microeconomics
- Public Policy
Background:
- Age discrimination in hiring is a significant issue affecting older workers.
- Existing state laws aim to protect older workers but their effectiveness varies.
- Potential unintended consequences of these laws, such as increased termination costs, need examination.
Purpose of the Study:
- To investigate the impact of state laws on age discrimination in hiring for retail sales positions.
- To analyze how variations in age and disability discrimination laws influence callback rates for older applicants.
- To determine if protective legislation deters hiring of older workers.
Main Methods:
- A resume field experiment conducted across all U.S. states.
- Analysis of callback rates for older versus younger applicants.
- Econometric modeling relating callback rate differences to state-level legal variations.
Main Results:
- Evidence suggests less age discrimination against older men and women in states with stronger age discrimination laws (higher damages).
- Limited evidence indicates lower discrimination against older women in states with stronger disability discrimination laws.
- No evidence found that these laws negatively impact callback rates for older workers.
Conclusions:
- State laws protecting older workers, particularly those with stronger age discrimination provisions, appear effective in reducing hiring discrimination.
- Disability discrimination laws may offer some protection to older women, though the effect is less pronounced.
- The study's findings alleviate concerns about unintended negative consequences of these protective laws on older job applicants.
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