What things appear on a background check?

Background checks often include a criminal history search at a minimum. However, depending upon the nature of the job, for persons in more sensitive, high-level positions or those dealing with vulnerable populations, it may also include investigation of credit reports, sanctions checks, sex offender checks, and/or driving history. Background checks also may include verification of previous employment, education, professional licenses, and personal or professional references.

CBD oil can be made from both marijuana and hemp. Hemp based CBD oils, when used in low doses, are unlikely to result in a positive test because they often don’t contain high enough levels of THC for detection. If an employee is using hemp-derived CBD oil, most individuals would have to consume a relatively large amount of the product, to test non-negative. Note: Taking that much CBD oil could result in the user’s impairment.

Doses aren’t standardized across brands and some recommend higher doses than others. In addition, hemp-derived CBD oils aren’t FDA regulated and the advertised THC levels of products can be unreliable. As a result of varying dose recommendations and uncertain THC levels, taking CBD oil comes with a risk of a non-negative test result.

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.