Each year, Employment Screening Resources® (ESR) selects the annual ‘ESR Top Ten Background Check Trends’ that feature emerging and influential trends in the screening industry. Below is a listing of all the trends since 2008.
ESR Top Ten Background Check Trends
ESR Top Ten Background Check Trends

To watch the complimentary webinar “ESR Top Ten Background Check Trends for 2021,” click here. The passcode is t=Y5N^Tj
1. Employers Will Continue to Adjust Background Check Processes in Recovery from Coronavirus (COVID-19) Pandemic
2. Fair Credit Reporting Act (FCRA) Lawsuits Will Continue to Serve as Compliance Signposts for Background Checks
3. Accuracy of Criminal Records Used for Background Checks Will Become New Area of Litigation
4. Professional Background Screening Association (PBSA) Will Continue to Strengthen Professionalism of Background Screeners
5. “Gig Economy” Businesses Will Continue to Try to Build Consumer Trust Through Their Background Screening Programs
6. Employers with International Background Screening Programs Will Continue to Expect Greater Proficiencies and Features
7. Government Agencies Will Increase Scrutiny on How Artificial Intelligence (AI) is Used in Background Screening
8. “Ban the Box” Laws and Second Chance Programs that Help Ex-Offenders Find Work Will Continue to Evolve
9. Continuous Screening Will Become More Widely Adopted But Employers Must Consider Certain Factors Before Implementation
10. False EU-U.S. Privacy Shield Participation Claims Will Still Be Investigated Despite Invalidation of Framework
3. Gig Economy Businesses Will Take Background Checks of On Demand Workers More Seriously in 2020
4. Ban the Box Laws and Second Chance Programs that Help Ex-Offenders Find Work Will Spread in 2020
5. U.S. Government Agencies Will Take Closer Look at Background Screening Industry in 2020
9. Background Screening Industry Will Experience Consolidation and Commoditization in 2020
1. Data Breach Concerns Lead to Increased Focus on Information Security with Screening Firms
2. FCRA Lawsuits Not Only Legal Compliance Concern for Employers Performing Background Checks
3. Low Unemployment Makes Employers More Willing to Hire Ex-Offenders with Criminal Records
4. Ban the Box Pervasive Enough for Studies to Show Whether Fair Chance Laws are Effective
5. Laws Prohibiting Salary History Questions Will Increase as Gender Pay Equity Movement Grows
6. Cheap and Instant Background Checks of Gig Economy Workers Lead to Due Diligence Concerns
7. AI Improves Background Checks but Human Touch Still Needed Due to Discrimination Concerns
8. War for Talent Forces Employers to Examine Screening Process to Reduce Impediments to Hiring
9. Social Media Screening Remains Hot Topic while CRAs Deal with EEOC and FCRA Concerns
10. Form I-9 Audits Will Continue to Rise for Employers Suspected of Hiring Illegal Workers
1. Millennials Expanding in Workforce Will Make Background Checks More Applicant Friendly
3. FCRA Class Action Lawsuits Will Continue to Target Employers Performing Background Checks
5. Background Checks of Growing Extended Workforce Will Be More in Demand by Employers
6. Data Breach Protection and Information Security Will Be Critical Issues for Screening Firms
7. Opioid Crisis in America Will Lead to More Advanced Drug Testing for Opiates by Employers
9. Salary History Questions by Employers Will Be Restricted as Pay Equity Movement Spreads
10. E-Verify System Will Move Closer to Becoming Mandatory Requirement for All U.S. Employers
1. Ban the Box Will Become More the Rule than Exception when Background Screening Workers
2. Re-Entry and Second Chance Programs for Ex-Offenders Will Increase in Importance for Employers
4. New Gig Economy Will Force Employers to Strengthen Screening of Growing On Demand Workforce
6. HR Technology Advancements Will Continue to Improve Background Screening in the Hiring Process
9. Drug Testing in Workplace Will Have to Deal with Growth of State Laws Allowing Use of Marijuana
1. Government Oversight and Enforcement of Accuracy in Background Check Industry to Increase in 2016
2. FCRA Lawsuits Will Continue to Increase in Target Rich Background Screening Environment in 2016
3. Background Check Industry Will Continue to Both Expand and Consolidate Simultaneously in 2016
9. Job Opportunities for Ex-Offenders with Criminal Records Should Increase in 2016
1. Ban the Box Laws that Go Overboard May Hurt Ex-Offenders and the Unemployed in 2015
2. FCRA Class Action Lawsuits will Continue to Increase Even if No One is Actually Harmed in 2015
3. Employment Laws Will Become More Fragmented as Cities and States Pass Hiring Laws in 2015
7. EEOC Guidance for Criminal Records Hotly Debated but Remains Key Concern for Employers in 2015
8. Privacy and Discrimination Concerns with Big Data and International Offshoring will Grow in 2015
9. Applicant Experience and Employer Branding Critical for Background Check Process in 2015
10. Employer Experience Will Focus on Streamlining Background Check Process in 2015
2. Questions about Criminal Records of Job Applicants Become More Difficult for Employers to Ask
4. Background Checks of Temporary Workers Cause for Concern for Employers as Hiring Increases
5. International Background Screening More Necessary Due to Mobility of Workers in Global Economy
7. More Workplace Violence Prevention Education Helps Protect Employers and Employees
8. Increased Privacy Concerns Over Offshoring of Personally Identifiable Information (PII)
9. E-Verify and I-9 Audits Help Government Find Employers with Illegal Workers
10. New Accreditation Standards Help Employers Select Background Screening Firms
The most selective companies trust ESR to manage their screening programs.
Employment Screening Resources® (ESR) is a global background check firm that is a strategic choice for employers who need accuracy and compliance in their background screening programs.
ESR is accredited by the Professional Background Screening Association (PBSA) – formerly the National Association of Professional Background Screeners (NAPBS) – and undergoes yearly SSAE 18 SOC 2® Type 2 audits to ensure the privacy, security, and confidentiality of consumer information.
ESR founder and CEO Attorney Lester Rosen wrote the book on background checks with “The Safe Hiring Manual.” Contact us today to learn more about our services and solutions.