To not only discourage the wrong kind of applicant, but encourage the right applicant to be open and truthful. This introduces honesty into the application and interview process. Employers' find that just having a background program will encourage application to be more forthcoming about their history. The companies we spoke with all provide substantial resources to those staffing companies that wish to implement a screening program. For the great majority of companies that do not work with the government, Due Diligence is the most applicable regulation.
Every employer has a reasonable duty of care in whom they hire.
An employer breaches that duty of care when the employer knows or should know facts that would warn a reasonable person that the employee presents an undue risk of harm of third parties or co-workers in light of the work to be performed. By engaging in a background check, a staffing agency demonstrates that it has taken reasonable steps to insure that a job candidate is safe. The main legislation regarding background screening is the Fair Credit Reporting Act. Under the FCRA, when an employer uses a background screening company to prepare a report, it must follow several steps. The employer must clearly disclose to the applicant in a separate document that a report is being prepared.