Reasons for Background Screening
Employers screen to hire the best candidate, counter false applicant claims, protect brand, and mitigate negligent hiring liability. Some professions (those working with children, elderly, or disabled) require screening by law, and the EEOC warns screening must be job-related and consistent with business necessity.
Trends increasing screening include heightened security after September 11, 2001; attention to child abuse leading to required criminal checks for those who work with children; governance scandals prompting the Sarbanes-Oxley Act (SOX) (2002); and the explosion of online data.
Certain professions must undergo screening by law - anyone working with the elderly, children, or the disabled, plus categories like bus/truck drivers, gaming employees, firefighters, and real estate brokers. The National Child Protection Act authorizes access to the FBI's National Crime Information Center for some child-contact positions.
The EEOC has cautioned that screening processes (e.g., denying employment based on criminal convictions) must be job-related and consistent with business necessity, or they risk disparate-impact discrimination claims.