Update Applicable to:	Effective date
All employers regardless of size	January 1, 2025

What happened?

On September 28, 2024, Governor Newsom signed SB 1100, which amends the Fair Employment and Housing Act (FEHA), which aims to prevent discrimination against individuals who do not possess a driver’s license but are otherwise qualified for the job.

Quick Summary:

• Starting January 1, 2025, employers are banned from requiring a driver’s license in job postings, advertisements, applications, and similar employment material, unless driving is a necessary job function and alternative transportation is not feasible.

• The law addresses discrimination against individuals without driver’s licenses by eliminating this requirement as a condition of employment unless certain requirements are met.

What are the details?

Background:

• Many employers require applicants to have a driver’s license even if driving is not part of the job, creating a barrier to employment for otherwise qualified candidates who do not possess a driver’s license.

• California law prohibits employers from discriminating against individuals without a standard driver’s license.

• A non-standard driver’s license (commonly known as an “AB 60 driver’s license”) is available for individuals who cannot provide proof of legal presence in the United States but meet California DMV requirements and can provide proof of identity and California residency.

Key Points:

• Effective Date: the law requires employers to meet a two-part test before including a driver’s license requirement in job advertisements, postings, applications, or other employment materials.

• Two-Part Test:
  • Employers must reasonably expect driving to be a necessary job function.
  • Employers must believe that alternative transportation (such as ride-hailing, taxis, carpooling, bicycling, or walking) would not be comparable in travel time or cost to the business.

• Legislation Details:
  • Amends the Fair Employment and Housing Act (FEHA) to prevent discrimination against individuals who do not possess a driver’s license but are otherwise qualified for the job.

• Coverage: Applies to all employers in California, regardless of size or industry.

• Employer Responsibilities:
  • Job Advertisements: Cannot include a driver’s license requirement unless driving is a necessary job function and alternative transportation is not feasible.
  • Hiring Practices: Must review and update hiring materials and policies to avoid unlawful discrimination against applicants without a driver’s license.

• Additional Protections:
  • Adds protection for individuals without any driver’s license, including those who rely on alternative transportation due to financial constraints or physical impairments.
  • Aims to facilitate employment for non-drivers and ensure fair hiring practices across the state.

Business Considerations

• Employers should review and update all job advertisements, postings, applications, and other employment materials to ensure compliance with the new two-part test required.
• Employers should carefully evaluate each job position to determine if driving is a necessary job function and if alternative transportation is not feasible in terms of travel time or cost.
• Employers should train hiring personnel to avoid asking applicants about driver’s licenses unless the position meets the two-part test.
• Employers should document the rationale for requiring a driver’s license for specific positions to demonstrate compliance with the law.

Source References

• CA SB 1100

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