Effective January 1, 2025, job postings, applications and other pre-employment materials cannot indicate that an applicant must have a driver’s license unless certain conditions are satisfied.
New FEHA Amendment
On September 28, 2024, Governor Gavin Newsom signed into law Senate Bill 1100, which amends the California Fair Employment and Housing Act to make it an unlawful employment practice for employers to include a statement in a job advertisement, posting, application, or other material that an applicant must have a driver’s license unless both of the following conditions are met:
(1) The employer reasonably expects driving to be one of the job functions for the position; and
(2) The employer reasonably believes that satisfying the job function through an alternative form of transportation would not be comparable in travel time or cost to the employer. “Alternative form of transportation” is defined to include using a ride hailing service or taxi, carpooling, bicycling, and/or walking.
Note that the two-part test does not require that driving be an essential function of the job.
Why Is This Bill Necessary?
Supporters of the bill noted that, despite driving not being part of the job duties for a majority of jobs, many hiring entities require proof of a valid driver’s license from job applicants. They argue that such requirements have been found to disproportionately affect low-income people, minorities and individuals with disabilities.
What Steps Should Employers Take?
Before January 1, 2025, employers should review all job advertisements, postings, applications, etc. to ensure that a driver’s license is not listed as required for any positions which do not meet the required criteria. For example, construction industry employers who require applicants to possess a valid driver’s license should evaluate whether the position being advertised actually requires an employee to drive a company vehicle or their own personal vehicle for work related purposes, such as delivering material to a jobsite. If the position merely requires that an employee be able to report to various job sites where construction work is being performed, a license generally would not be required, particularly if the employee can get to the jobsite by carpooling with other employees, taking public transportation or using a ride share service such as Uber or Lyft.
