California Employers Face New “Driver’s License Discrimination” Claim When Hiring
A new California law will prohibit California employers from telling job applicants that a driver’s license will be required for a job unless you reasonably expect driving to be one of the job functions AND no alternative forms of transportation would work. SB 1100 amends the Fair Employment Housing Act to make it an unlawful employment practice to require a driver’s license unless the employer can meet to the two identified factors.
The Two-Part Test: Starting January 1, 2025, employer’s must meet the following two-part test before you can include a statement in a job advertisement, posting, application or other material stating an applicant must have a driver’s license:
- You must reasonably expect driving to be one of the job functions for the position
and
- You must reasonably believe that satisfying the job function using an alternative form of transportation, such as ride hailing, taxi, carpooling, bicycling, or walking) would not be comparable in travel time or cost for the business.