By Kristen Wakulchuk

Posted

Picture this: You find what you believe to be the perfect candidate for your open position. They have the right experience and seem to fit in well with your company culture. But, after they undergo a drug screening through your third party background screening company, you get a notification that they failed. So, what do you do? Do you have to follow up with them if you decide not to hire them? Keep reading to find out what steps you should take in this situation.

 

You Must Inform Your Candidate

 

While it may be uncomfortable to inform your candidate that they failed their drug test, federal law requires you to do so if you don’t hire them for this reason. The Fair Credit Reporting Act (FCRA) makes it mandatory to take things a step further. Rather than just informing them in any way you please, there are certain standards you need to follow.

In addition to notifying the candidate that they will not be hired because of their failed drug screen, you must provide them the following information when you receive their results (mandated under the FCRA).

 

  • The name, address, and phone number of the company that provided the report.
  • A statement explaining that the company that provided the report did not take unfavorable action and is unable to offer specific reasons for it.
  • A notice outlining the applicant’s right to dispute the accuracy or completeness of any information and obtain an extra report from the company within 60 days.

 

It is also important to note that there may be additional state or local requirements in addition to the FCRA, depending on where the applicant lives or will work.

 

What to Do If the Findings Get Disputed

 

If the applicant decides to dispute the findings of their background check or drug screening, they can consult the company who performed the check. Then, the company will need to notify you if the records were inaccurate and whether they belong to the candidate. From there, you can make a final hiring decision.

Since failing to abide by the FCRA’s standards can lead to penalties, it’s important to work with a professional background screening company like Chane Solutions. They can ensure the process of hiring or denying a candidate goes smoothly and help you remain compliant.

 

Contact Chane Solutions 

 

For more information on hiring candidates who have failed a drug screening, contact Chane Solutions, a quality employment screening and drug testing provider today.

 

 

Sources:

https://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know

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