Proving is no longer the issue of the applicant this is the repsonsibility of the employer designate if so challenged, you as an employer prove that someone was unsuitbale if they meet your criteria.
Then if you take someone on who did not you must provide written evidence that you made sound judgement,i.e your company criteria. You will find most companies these days have at least 2 people as to confirm the agreement mainly for this reason.
