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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption