A recent article on Human Resource Executive Online discusses the risk of using an applicant’s prior litigation as a factor in a hiring decision:

A job applicant with documented credit problems and a lawsuit against a former employer is claiming retaliation and race and gender discrimination after being denied a job interview. To avoid similar suits, organizations should be mindful of what information they solicit from applicants, and HR must clearly communicate evaluation criteria and processes to hiring staff.

The article can be found here:  Careful What You Ask For.