Companies should not conduct mandatory background checks for their employees. These checks are an ethical and legal issue. Mandatory background checks are not constitutional because they are an invasion of privacy, a right guaranteed in the constitution. They enable the employers to have sensitive details and information about their employees. Some of the information obtained can embarrass the employees. This information includes health records, financial records, and information showing whether the employee has used drugs in the past. The employers will know information that the employee wants to remain hidden and secret. The applicant can sue the company when such a situation occurs. Mandatory background checks lead to discriminatory tendencies among employers. Some people might have a criminal record, and this will reflect once the companies perform background checks. This denies a reformed person the chance to make his or her life better by finding suitable employment. If an applicant is denied the chance of employment, he or she can file a lawsuit and claim that the company was discriminatory in its hiring process.
Mandatory background checks cannot guarantee that the company will not face any lawsuits. The mandatory checks can reveal what people have done in the past, but they cannot determine what they can do once they are employed. A mandatory background check cannot reveal the psychological or current mental status of an applicant. Some applicants can wait for the right moment to commit crime once they are employed. In such a situation, the company will face a lawsuit despite the fact that it had performed a background check on the employee. Some applicants worry about background checks since they fear that the employers will seek information that is not related to the job. Employers can seek information that is not relevant to the position that the employee is applying for, or does not concern the company. Companies can face lawsuits if this happens.