Starting in January 2025, California’s Fair Employment and Housing Act (FEHA) will prohibit employers from including a statement in their employment materials that an applicant must have a driver’s license unless the employer “reasonably” anticipates driving to be an essential job function that cannot be comparably performed by alternative means. The stated purpose of the new FEHA amendment is to help facilitate employment for nondrivers who rely on ride hails, public transportation, biking, and walking as their primary means of transportation.
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California Limits Employers’ Discretion to Insist on a Driver’s License
Littler via SHRM | Oct 2024
Effective Date: 1/1/25
Law Articles
Under the new FEHA amendment, however, we do not see such limiting language regarding driver’s licenses. Instead, the statute only refers to situations where driving would be “one of the job functions for the position.” It does not state driving has to be an essential or major job function of the position for the test to be satisfied.
California Employers Must Satisfy New 2-Part Test to Avoid Driver’s License Discrimination When Hiring – Your 4-Step Action Plan for Compliance
Fisher Phillips | Sep 2024
Under the law, an employer may not include a statement that an applicant must have a driver’s license unless the following conditions are satisfied:
- The employer reasonably expects driving to be one of the job functions of the position.
- The employer reasonably believes that using an alternative form of transportation would not be comparable in travel time or cost to the employer.
Senate Bill 1100: New California Law Restricts Driver’s License Requirements in Job Postings
Jackson Lewis | Sep 2024
SB 1100 defines “alternative form of transportation” to include using a ride-hailing service, using a taxi, carpooling, bicycling, and walking.
The legislative history explains that a driver’s license is irrelevant to most jobs and that 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.”
California Legislature Sends ‘Driver’s License Discrimination’ Bill to Governor
Ogletree | Sep 2024
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