It’s the season for legislative updates – and Washington State lawmakers are no exception. Job postings have recently been an area of focus in state and local laws. Two recent updates in Washington State impose new requirements on employers concerning the type of information they may and may not seek from job applicants.
Substitute Senate Bill 5501 – Driver’s License Requirements in Postings
Consistent with the legislature’s ongoing review of Washington’s Equal Pay and Opportunities Act,1 lawmakers have made further updates to the type of information that employers may include in a job posting. Changes to chapter 49.58 of the Revised Code of Washington will prohibit employers from requiring a valid driver’s license as a condition of employment or including such a requirement in a job posting unless driving is an essential function of the position or related to a legitimate business purpose. This amendment seeks to address concerns that by requiring a driver’s license in the application process, employers may exclude potential applicants with medical disabilities and individuals who choose to use alternative means of transit for work-related travel. Notably, the law does not indicate what can be included in job postings for positions that require driving.
The Department of Labor and Industries (“Department”) is responsible for investigating complaints of a violation of this new law. Remedies may include actual damages or statutory damages of $5,000, whichever is greater, as...
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