One of my law partners is fond of explaining that lawsuits do not simply "happen," but rather, they walk in on two legs and apply for work. The founding partner of our law Firm, Ike Fisher, took this analysis one step further and concluded that employers could nearly eliminate their employment lawsuits, frivolous workers' compensation claims, government investigations and union drives if they would avoid hiring three types of employees: the "marginal employee," the "perpetual complainer" and the "unofficial supervisor." Clearly, employers should zealously seek to screen out such individuals using the most sophisticated and legally defensible tools. Of course, therein lies the rub-"lawfully" using tools in an era when many employers feel that they will run afoul of the law if they ask a candidate for much more than their name and current address.