They can if the employer orders a drug test through the screening company. When a screening company includes results in a report, FCRA rules on accuracy, disputes, and your right to see the report can apply, and medical information requires your specific written consent.
A standard criminal background check does not include drug test results. But some employers order drug screening from the same screening company, and the result can then appear in the report the employer receives.
When the FCRA can apply
The Fair Credit Reporting Act covers reports that a consumer reporting agency furnishes for employment purposes. When a screening company assembles and reports test results to an employer, you may have the same rights you have for the rest of the background check:
- Accuracy. The company must follow reasonable procedures to assure maximum possible accuracy (§ 1681e(b)). Results reported under the wrong name, a mix-up between specimens, or a negative result reported as positive can be reporting errors.
- Access. You can request your file from the company (§ 1681g).
- Disputes. You can dispute inaccurate or incomplete information, and the company generally must reinvestigate within 30 days (§ 1681i).
- Notice before adverse action. An employer acting on the report must first give you a copy and a summary of your rights (§ 1681b(b)(3)).
Medical information
Under § 1681b(g), a consumer reporting agency may not furnish a report containing medical information for employment purposes unless the information is relevant to the job and you give specific written consent that clearly describes how it will be used. Whether a particular drug test result counts as medical information can depend on the facts.
Practical steps
- Ask the employer which company handled the test and whether it was reported through a background screening company.
- If you take a prescribed medication, keep your prescription records. A medical review process may be part of how results are reported.
- If a result is wrong, dispute it in writing with the screening company and tell the employer right away.
State drug testing laws also vary and may give you additional protections.
If an inaccurate drug test result in a screening report cost you a job, a free case review can help you understand your options, with no fee unless we win.
Related
Sources
- 15 U.S.C. § 1681b (Cornell LII)
- 15 U.S.C. § 1681e (Cornell LII)
- 15 U.S.C. § 1681i (Cornell LII)
- 15 U.S.C. § 1681g (Cornell LII)
Updated November 2026. This page is general information, not legal advice.