At the beginning of this year, lawmakers in the state of California approved a law that went into effect.
The purpose of this law is to increase the number of employment options available to those who are looking for work but who do not rely on driving themselves as their primary mode of transportation.
In accordance with Senate Bill 1100, the Fair Employment Housing Act (FEHA) of the state of California has been revised to make it illegal for employers to require job applicants to possess a driver’s license, with the exception of certain circumstances.
According to California State Senator Anthony Portantino, who is the author of the measure, the legislation was drafted with the intention of making it easier for individuals who do not drive to get employment.
These individuals rely on public transportation, biking, walking, or ride hailing as their major method of mobility.
In the absence of this law, the requirement of a driver’s license would have a disproportionately negative impact on “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,” as stated in the legislative history of the measure.
When is it permissible for businesses in the state of California to demand that job candidates present a driver’s license?
Employers are prohibited from “including a statement in a job advertisement, posting, application, or other material that an applicant must have a driver’s license” under California Senate Bill 1100, unless the candidate is able to demonstrate that they meet the requirements of a two-part exam.
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These are the two conditions that must be met:
- As a reasonable expectation, the employer anticipates that the duties of the work will include driving and;
- The employer has a reasonable belief that the amount of time and money that would be required to travel to and from work utilizing an alternate mode of transportation would not be equivalent to what would be required to fulfill that job function.
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Companies that are accused of not complying with the new rule may be subject to sanctions, as well as investigations and prosecutions by the California Department of Civil Rights.
Additional sanctions may also be imposed. They can also be necessary to make adjustments to the procedures for selecting staff.
