Click here to subscribe to our Bowles Law e-letter
Click here to subscribe to our Bowles Law e-letter
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:
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:
Cindy Bamforth
December 5, 2024
If you are an employer facing possible litigation, or have an employee issue on which you need immediate guidance, call us to set up a consultation, or submit your message.
NOTE: Use of this website does not make one a client of the Law Offices of Timothy Bowles (“Firm” or “Bowles Law”). Establishing an attorney-client relationship and the confidentiality that comes with it depends on the Firm’s prior confirmation that no factor, including any conflict of interest (for example, our representation of another party adverse to you), exists to prevent that establishment. If you have confidential information that you would like to provide a Bowles Law attorney, please communicate directly to one of our attorneys, in person, by telephone, email, fax or other written means. Do not use this website to offer or communicate confidential information about any legal matter.