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

In the state of Virginia, employers are allowed to require job applicants to sign a release or waiver. A release or waiver is a document that releases employers from certain legal obligations or liabilities. This document may also require applicants to waive certain rights. The type of waiver or release an employer can request differs depending on the type of application. For example, employers may require job applicants to sign a waiver when signing a background check authorization or when providing permission for a drug test. These waivers protect employers from being sued after obtaining information from third-party sources. Other waivers and releases employers may request from job applicants include a release from liability from any potential employers, after an interview, or a release from liability when providing references or prior employers with information. Employers may also request waivers for intellectual property rights or prior inventions. In the end, an employer’s ability to require job applicants to sign waivers and releases is regulated by both federal and state laws. In Virginia, employers cannot require waivers that infringe on federal and state laws, such as employment discrimination law. Furthermore, all waivers must be in writing and must be clear and understandable.

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