[1] https://www.eeoc.gov/laws/guidance/background-checks-what-em...
[1] https://www.eeoc.gov/laws/guidance/background-checks-what-em...
You only have to disprove that if the applicant can first show the existence of bias, which with a secret proprietary algo that they don't have access to either the inputs or outputs of or know exists, is pretty hard to do.
Or better yet "Why dont employees commit career suicide for relatively minor offences that dont affect them personally and inflict no direct harm?"
They wouldn't out the company because hurting the company for no private gain doesn't help them, and they wouldn't sue the company because they’d be a beneficiary, not an injured party, and so would have no damages to claim.
And also because both acts would destroy their future employability in the field.
Why would they? HR is not your friend.