California Senate Bill: New Limits on Employer Driver’s License Requirements

Centralize HR Team

October 15, 2024

California Senate Bill 1100, signed into law by Governor Gavin Newsom on September 28, 2024, introduces new restrictions for employers on requiring job applicants to hold a driver’s license. This legislation amends the California Fair Employment and Housing Act (FEHA) and is designed to reduce discrimination by limiting employers’ ability to mandate driver’s licenses unless specific conditions are met. Effective January 1, 2025, SB 1100 impacts hiring practices by instituting a two-part test to determine if a driver’s license requirement is justified.

Under the new law, an employer may only request a driver’s license if two conditions are satisfied:

Driving must be a necessary function of the job – Employers must reasonably expect that driving is one of the core tasks associated with the position.
No comparable alternatives – The employer must believe that other transportation options (like ride-sharing, carpooling, or bicycling) are not feasible alternatives for the role based on travel time and cost considerations for the business.

SB 1100 reflects a broader trend in California employment law to remove barriers for certain job applicants. Requiring a driver’s license can disproportionately affect individuals without access to a vehicle, people with disabilities, and those in urban areas with public transportation access who do not drive. Additionally, previous legislation already prohibits discrimination based on possession of specific types of licenses, such as those issued to undocumented immigrants under California’s AB 60 program.

For employers, compliance with SB 1100 involves carefully reviewing job descriptions and updating hiring materials to ensure alignment with the new legal standards. Any job posting, application, or advertisement that references a driver’s license requirement must now adhere to the two-part test, or the employer may face penalties under FEHA, including possible compensatory and punitive damages.

This change underscores the need for California employers to re-evaluate their employment practices regarding driver’s licenses and ensure all job requirements are genuinely necessary for the role. By adjusting policies in light of SB 1100, employers can avoid potential legal issues and contribute to more inclusive hiring practices.

(Centralize HR, 2024)