Are employers allowed to require job applicants to sign a release or waiver?

In Texas, as in other states, employers may require job applicants to sign a release or waiver. According to the Texas Workforce Commission, an employer may require job applicants to sign a release or waiver to allow the employer “to obtain background information, conduct criminal background checks, or gather information from third parties such as educational institutions and former employers.” The employer must give the applicant a copy of the release or waiver before requiring them to sign it. The Texas Workforce Commission also states that employers may require job applicants to sign a release or waiver regarding employment discrimination laws. This release or waiver allows the employer to obtain records of prior employment and to properly investigate any claims of discrimination. This waiver is meant to ensure that the employer is adhering to state and federal laws, so that they can provide a fair workplace free from illegal and unethical discrimination. However, employers may not require job applicants to sign a release or waiver that requires any kind of waiver of rights. This includes waiving any rights that are associated with state and federal laws related to employment discrimination, such as the right to file a complaint with the Equal Employment Opportunity Commission. Overall, employers in Texas may require job applicants to sign a release or waiver for certain purposes, such as an investigation of claims of discrimination or obtaining background information. However, employers cannot require that job applicants waive any of their rights related to state and federal employment discrimination laws.

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Are employers allowed to require job applicants to sign a release or waiver?

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