Audits as Evidence: Experiments, Ensembles, and Enforcement

Abstract

We develop tools for utilizing correspondence experiments to detect illegal discrimination by individual employers. Employers violate US employment law if their propensity to contact applicants depends on protected characteristics such as race or sex. We establish identification of higher moments of the causal effects of protected characteristics on callback rates as a function of the number of fictitious applications sent to each job ad. These moments are used to bound the fraction of jobs that illegally discriminate. Applying our results to three experimental datasets, we find evidence of significant employer heterogeneity in discriminatory behavior, with the standard deviation of gaps in job-specific callback probabilities across protected groups averaging roughly twice the mean gap. In a recent experiment manipulating racially distinctive names, we estimate that at least 85% of jobs that contact both of two white applications and neither of two black applications are engaged in illegal discrimination. To assess the tradeoff between type I and II errors presented by these patterns, we consider the performance of a series of decision rules for investigating suspicious callback behavior under a simple two-type model that rationalizes the experimental data. Though, in our preferred specification, only 17% of employers are estimated to discriminate on the basis of race, we find that an experiment sending 10 applications to each job would enable accurate detection of 7-10% of discriminators while falsely accusing fewer than 0.2% of non-discriminators. A minimax decision rule acknowledging partial identification of the joint distribution of callback rates yields higher error rates but more investigations than our baseline two-type model. Our results suggest illegal labor market discrimination can be reliably monitored with relatively small modifications to existing audit designs.