Can a background check be too invasive?

court case has led to an interesting question – can a background check ever be too invasive? Furthermore, what sort of pre-employment background screening is it acceptable for an organization to be running on a prospective employee, and at what stage does it become an invasion of privacy? These questions had to be answered by eight Supreme Court justices, due to 28 Caltech scientists challenging the governments use of background checks, and a questionnaire they were asked to complete. The form seeks, among other personal details, information about counseling or treatment for past illegal drug use. Chief Justice John Roberts and Justice Samuel Alito said they would not close the door to such claims. “Isn’t there some right to tell the government: ‘That’s none of your business’?” Roberts commented. At what point do the questions stop? When discussing foods you like, how much you drink, or perhaps even your sex-life? However, the panel of judges could find no mention in the consitution to the protection of a civilians privacy rights in such cirumstances, and it leaves us with a topic which is seems based on subjective opinions rather than an absolute and categorical answer. While background screening is an integral part of ensuring innocent parties are protected, it remains a matter of debate as to what’s acceptable to ask, and what isn’t.]]>

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