Answer

What is Adverse Action and when is it required?

The adverse action process is required for any action taken that denies an individual employment, credit, insurance, etc. based on information obtained through a consumer report. This three-step process complies with federal laws to protect applicants from discrimination. Although it’s the law, many companies still fail to send adverse action notices, subjecting them to potential lawsuits. Employers must abide by the guidelines set forth by the Fair Credit Reporting Act (FCRA) which requires the employer to provide a standalone disclosure informing the applicant that a consumer report may be obtained with written consent. The employer must also provide a copy of the pre-adverse notice, background report, and summary of rights to the applicant prior to an adverse action decision. If any adverse information appears on their background check, then a pre-adverse notice is used to inform the employee that something has returned which may or may not affect their hiring decision. This gives the employee an opportunity to file a dispute prior to receiving a final adverse action notice. An adverse action notice must be sent only if the employer denies the applicant employment based on the information from the background check.

Not all background checks are the same and those quicker, cheaper screenings you come across online won’t offer the same in-depth research for an applicant. Most employers use comprehensive background checks, like DISA’s, to ensure accuracy and prevent any mix-ups with aliases.

Since each background check can be customized to meet the needs of the employer, job position, and state laws, questions can vary according to what is included in the check. For example, if the employer chose to include an education verification, then the candidate would be asked questions regarding what school they attended, the years they attended, when they graduated, what degrees (if any) they acquired, etc.

If the employee is non-DOT regulated, then yes you may have a single specimen collection. But for those who are DOT regulated, you cannot. (Please see Part 40 below).

40.17 How does the collector prepare the specimens?

a. All collections under DOT agency drug testing regulations must be split specimen collections.

b. As the collector, you must take the following steps, in order, after the employee brings the urine specimen to you. You must take these steps in the presence of the employee.

  1. Check the box on the CCF (Step 2) indicating that this was a split specimen collection.
  2. You, not the employee, must first pour at least 30mL of urine from the collection container into one specimen bottle, to be used for the primary specimen.
  3. You, not the employee, must then pour at least 15 mL of urine from the collection container into the second specimen bottle to be used for the split specimen.
  4. You, not the employee, must place and secure (i.e., tighten or snap) the lids/caps on the bottles.
  5. You, not the employee, must seal the bottles by placing the tamper-evident bottle seals over the bottle caps/lids and down the sides of the bottles.