Question: I recently heard that there is a new law that limits an employer’s ability to include language such as “must possess a valid driver’s license” on job applications. Is that true?
Answer: Yes. Governor Gavin Newsom recently signed into law Senate bill 1100 (“SB 1100”) which places restrictions on when an employer may indicate on a job applications and other material that an employee must possess a driver’s license. The new law is effective January 1. California law already prohibits employers from discriminating against employees without a standard driver’s license. The new law builds on this effort to promote fair employment practices and reduce barriers to employment by placing limitations on when an employer can make possession of a valid driver’s license a condition of employment. SB 1100 amends the California Fair Employment and Housing Act (“FEHA”) to prohibit employers from discriminating against applicants and employees who lack any driver’s license, at all.
SB 1100 prohibits employers from stating that applicants and employees must possess a valid driver’s license unless driving is one of the required job functions. SB 1100 also prohibits employers from including in a job advertisement, posting, application, or other material that the applicant must have a driver’s license. While the new law does not define “other materials,” employers are encouraged to review their pre-employment materials, employee handbook, job descriptions, and policies to ensure that they also satisfy the new requirements of SB 1100.
To be clear, SB 1100 is not an outright prohibition on indicating on job postings that applicants and employees must have a driver’s license. SB 1100 still allows employers to indicate that applicants and employees need to possess a valid driver’s license if driving is one of the expected job functions. For the exception to apply, the employer must determine whether the job position satisfies two conditions. The first condition is that the employer must reasonably expect driving to be one of the job functions of the position. The second condition is that the employer must reasonably believe that satisfying the job function using an alternate form of transportation would not be comparable in travel time or cost to the employer. SB 1100 lists examples of alternate forms of transportation, which includes, but is not limited to, using a ride hailing service, taking a taxi, carpooling, bicycling, or walking. In other words, an employer cannot require an applicant or employee to possess a valid driver’s license unless the employer reasonably anticipates driving to be an essential job function that cannot be comparably performed by an employee using an alternate mode of transportation.
Now is a good time for employers to ensure compliance with SB 1100. Employers should review their job advertisements, job postings, applications, and other materials and evaluate which job positions require driving, and which do not require driving. Next, , and by January 1, employers should update their job postings and other such materials to ensure that statements about requiring a driver’s license are removed from all job positions where driving is not a required job function. Employers should also update any employee handbooks and policies accordingly. Finally, employers should ensure that those responsible for recruiting and hiring are aware of the new requirement concerning driver’s licenses.
Employers with questions about SB 1100 may contact their labor counsel or HR consultant.