Starting in January 2025, California’s Fair Employment and Housing Act (FEHA) will prohibit employers from including a statement in their employment materials 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 nondrivers who rely on ride hails, public transportation, biking, and walking as their primary means of transportation.
California law prohibits employers from discriminating against an individual without a standard driver’s license. A nonstandard 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 the California Department of Motor Vehicles’ requirements and are able to provide proof of identity and California residency.
On Sept. 28, Gov. Gavin Newsom signed legislation (Senate Bill 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 applicant’s lack of a driver’s license. According to the author of the bill, California State Sen. Anthony Portantino, the amendment helps facilitate employment for nondrivers who rely on ride-hailing, public transportation, biking, and...
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