California laws protect employees from more types of discrimination than most states. However, there was a type of discrimination not addressed under the law that many people, including some state lawmakers, felt was unfair to a vast number of California employees: discrimination against those without a valid driver’s license for jobs that don’t require an employee to drive.
That has changed now that Gov. Gavin Newsom has signed a bill into law that amends the California Fair Employment and Housing Act (FEHA). The amended section of FEHA now stipulates that unless an employer “reasonably expects driving to be one of the job functions of the position” and doesn’t reasonably believe that an employee could use an “alternative form of transportation,” it’s unlawful to:
- Include the requirement of a driver’s license in any job posting.
- Ask an applicant if they have a driver’s license.
- Refuse to hire someone because they don’t have a license.
Note that being able to get to and from work doesn’t count as a reason for an employer to require a driver’s license. It’s assumed that employees will be able to do that. They also can’t require a license simply because it might be their turn to go out and pick up lunch for the office.
Why these restrictions discriminate against certain groups
Those who advocated for this change in the law argued that the cost of having and maintaining a vehicle in many parts of California is simply cost-prohibitive for a lot of people. Therefore, requiring a driver’s license when it wasn’t necessary for the job unfairly discriminated against poorer people. Many Californians in urban areas have gotten used to biking, using public transportation, carpooling, taking an Uber or even walking.
Further, some people may have lost their driving privileges because they can’t afford to pay their tickets. Some people can’t legally drive because of some type of disability.
Our state’s employment laws are always changing – often for the better. Unfortunately, not all employers keep up with the changes. Others just ignore them. That’s why it’s important for employees to know their rights. Anyone who believes their rights have been violated and hasn’t been able to resolve the issue with an employer can benefit by getting legal guidance to protect those rights.