Since 2014, California’s Fair Employment and Housing Act (FEHA) has prohibited national origin discrimination against an individual for holding a so-called “AB 60” driver’s license available to undocumented workers under California Vehicle Code 12801.9.  However, this has not barred employers for rejecting applicants or terminating workers for lacking any driver’s license.

Taking this further, recently-enacted SB 1100 amends FEHA making it unlawful to include mandatory driver’s license statements in job advertisements, postings, applications, or other employment materials unless the employer:

• Reasonably expects driving to be one of the position’s job functions; and

• Reasonably believes using an alternative form of transportation (such as a ride hailing service, taxi, carpool, bicycling, or walking) would not be comparable in travel time or cost to the employer using his/her own vehicle.

The legislature explains  that “[b]asing hiring decisions on whether or not a candidate has a driver’s license or owns a vehicle can perpetuate broader systemic biases and assumptions about who is considered a ‘desirable’ or ‘reliable’ employee. This can contribute to discrimination against marginalized communities and reinforce socioeconomic disparities while also perpetuating car dependency, as people are made to feel that they must own a vehicle in order to gain employment.”

In effect, SB 1100 makes not having a driver’s license a protected class unless the employer can meet the above exceptions.

Take-Aways:

As of January 1, 2025, even employers who can satisfy the first condition cannot ask for a driver’s license unless they properly evaluate and determine that alternate forms of travel would not suffice.  All covered employers should review their job postings and job descriptions and train their HR team to ensure compliance.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• What’s New In 2025 Combo Protection – California Recognizes Hybrid Forms of Workplace Discrimination (November 15, 2024)
• Wash the Chaos: Workplace Policy Handbook & Forms for 2025 (October 16, 2024)
• No Fly Zone Approaching – October, 2020 “REAL ID” Requirements for Air Travel Will Not Impact Employment Eligibility (September 19, 2019)

Cindy Bamforth
December 5, 2024