When can an employer decide not to background check or drug screen a candidate?

Their policy in their handbook is everyone is tested/screened. Now the hiring person has two people both young and white start without the testing/screening. What decides if the company has to follow their written policy?

Asked on June 12, 2017 under Employment Labor Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

As a general matter, the company *never* has to follow its written policies, unless they are contained in an actual written employment contract and an employee covered by/a party to the contract sue to enforce it. Otherwise, the policies are really just aspirations, goals or guidelines, and are unenforceable. Non-contractual policies cannot be enforced against the company's will.
If you believe this represents racial discrimination, however--e.g. treating white employees better than those of other races--you could contact the federal EEOC to file a complaint.

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