You might assume that as long as you can get to work on time and don’t need to drive as part of your job, a potential employer shouldn’t care whether or not you have a driver’s license. Currently, however, California law doesn’t prevent an employer from not hiring someone (or promoting them) if they don’t have a valid license. Sometimes, employers get away with that by making a valid driver’s license required identification to apply for a job.
Some state lawmakers are hoping to change that. They’re seeking to amend the California Fair Employment and Housing Act (FEHA) to prohibit employers from requiring a valid driver’s license for an employee if the duties of the job don’t require driving a vehicle (their own or one that belongs to the company) and “the employer reasonably believes that satisfying that job function using an alternative form of transportation would not be comparable in travel time or cost to the employer.”
Certainly, San Francisco is one of the easier large cities in the state to get around if you don’t have a car and/or license. However, even in cities without good public transit, many people bike or use other ways to get to and from work.
Why it’s more discriminatory than it may seem to require a driver’s license
The state senator behind the legislation to amend the FEHA and those advocating for the change say that allowing employers to discriminate on the basis of whether someone has a valid driver’s license if they don’t need one to do the job plays into other types of discrimination.
The senator notes that it “poses significant barriers for certain segments of the population, including young adults, the elderly, individuals with disabilities, and those who choose not to drive due to environmental concerns or personal preferences. It also disproportionately affects low-income individuals and communities of color, who may have less access to personal transportation or face higher rates of driver’s license suspensions due to unpaid fines or fees.”
Our state’s employment laws are always changing. Fortunately, they’re generally going in the right direction. That’s why it’s crucial to know your rights. If you have questions or concerns, getting legal guidance can help.