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.

Related FAQs

How do courts determine whether an employer has violated employment discrimination law?
Are employers allowed to set different standards or expectations for employees based on their political beliefs or affiliations?
Can employers ask job applicants questions about their race, gender, or age?
Are employers allowed to take into account an applicant’s past criminal record when making hiring decisions?
Are employers allowed to require job applicants to disclose their salary history?
Are employers allowed to terminate employees due to their religious beliefs?
What are the differences between federal and state employment discrimination law?
Are employers allowed to ask about an applicant’s national origin during the hiring process?
Are there special rules that apply to small businesses and employers with fewer than 15 employees?
What is the legal definition of "disparate treatment"?

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

Related FAQs

Related Blog Posts