I view it as it is not the what of question in this case it is the how and/or how much of who with when and where and then why?
I question it, however I realize its importance with the integrity of a place of business within community however large that community is. To say a company can or cannot conduct the check - a procedure, does not indicate a hiring practice is afoul.
To say the procedure is at fault by administering equally simply in my humble view is not logical. The hiring trend may be of question with causes of reason, yet that is something entirely different than any background check as a procedure or policy - credit check, criminal check, driver's license check (especially for operators of a vehicle), and etc.