Starting in January 2025, California's Fair Employment & Housing Act (FEHA) will prohibit employers from including a statement in a job advertisement, posting, application, or other material 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 non-drivers who rely on ride hails, public transportation, biking, and walking as their primary means of transportation.

Background

California law prohibits employers from discriminating against an individual without a standard driver's license.¹ A non-standard driver's license (commonly known as an "AB 60 driver's license") is available for individuals who are unable to provide proof of legal presence in the United States, but who meet California DMV requirements and are able to provide proof of identity and California residency.

Senate Bill 1100 Enacted

On September 28, 2024, Governor Gavin Newsom signed legislation (SB 1100) that adds protections for individuals without any driver's license at all. SB 1100 further amends the FEHA to prohibit discrimination in the hiring process based on the lack of a driver's license. According to the author of the bill, Senator Anthony Portantino, the amendment helps facilitate employment for non-drivers who rely on ride hails, public transportation, biking, and walking as their primary means of transportation. Such non-drivers include those without the financial means to own or lease and maintain a car, and individuals with physical impairments like blindness that prevent them from being able to obtain a license to drive.² The amended FEHA prohibits employers from including a statement in a job advertisement, posting, application, or other material that an applicant must have a driver's license unless the employer "reasonably" (1) expects driving to be one of the job functions for the position, and (2) believes that satisfying the job function using an "alternative form of transportation" would not be comparable in travel time or cost to the employer. Alternative forms of transportation include but are not limited to using a ride hailing service, using a taxi, carpooling, bicycling, and walking.

Employers must be mindful of the amended FEHA when drafting job advertisements, postings, applications, and comparable pre-employment documents. When drafting such documents, employers covered by the Los Angeles County fair chance ordinance also should be mindful of the requirements in the ordinance for job solicitations, bulletins, postings, announcements, and advertisements.

Reposted: October 2, 2024

¹ Cal. Gov't Code § 12926(v) ("'National origin' discrimination includes . . . discrimination on the basis of possessing a driver's license or identification card granted under Section 12801.9 of the Vehicle Code").

² The bill's author notes that "people with disabilities are significantly less likely to drive than those without a disability, as data from the Bureau of Labor Statistics show 91.7 percent of individuals without a disability drive, while only 60.4 percent of individuals with a disability do."