New blow to employers: employers will no longer be able to ask for driver’s license in California
California employers can no longer require job applicants to have a driver’s license except in limited circumstances according to a new state law.
Lawmakers in the Golden State passed a law which took effect at the beginning of the year that aims to promote employment opportunities for job seekers who use methods other than driving themselves as their primary means of transportation. Under California SB 1100, the state’s Fair Employment Housing Act (FEHA) has been amended to make it unlawful, unless limited conditions are met, for employers to require job applicants to have a driver’s license.
The legislation came about according to California State Sen. Anthony Portantino, author of the bill, in order to facilitate employment for nondrivers who for their primary means of transportation depend on ride hails, public transit, biking, or walking. Without this law, requiring a driver’s license disproportionally impacts “people with disabilities, low-income individuals, and those living in urban areas with access to public transportation who choose not to drive or own a vehicle,” according to the bill’s legislative history.
When can California employers require job applicants to a driver’s license?
California SB 1100 makes it illegal for an employer “to include a statement in a job advertisement, posting, application, or other material that an applicant must have a driver’s license” unless they satisfy a two-part test. The two conditions are as follows:
- The employer reasonably expects the duties of the position to require driving and;
- The employer reasonably believes that satisfying that job function using an alternative form of transportation would not be comparable in travel time or cost to the employer.
Companies that are accused of not abiding by the new law could be investigated and prosecuted by the California Department of Civil Rights as well as face sanctions. They may also be required to modify personnel selection processes.
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