Employment discrimination is typically based on a person’s characteristics, like age, race, gender, sexual orientation, religion and disability. However, there are many other ways that employers can discriminate against applicants and employees.
For example, up until this year, California employers could make having a valid driver’s license a requirement of employment, even if a person’s actual job responsibilities didn’t require them to drive. That left a lot of people subject to being denied a job for no good reason.
Californians can face multiple barriers to driving
As with many types of discrimination, an unnecessary driver’s license requirement can be most harmful to those already facing disadvantages. Having a vehicle in California is expensive. Insurance, registration, gas, maintenance, parking fees and other routine expenses are simply more than many people can afford.
Some people don’t have valid licenses because they can’t afford to pay their tickets or other fines they’ve incurred. People with some types of disabilities and other medical conditions aren’t able to drive.
Further, in some areas, having a vehicle isn’t necessary for getting around. A lot of people get by using public transportation, bicycles, rideshare services, walking and getting rides from family or friends.
How the law was amended
Last year, Gov. Gavin Newsom signed legislation passed by state lawmakers to amend the California Fair Employment and Housing Act (FEHA). It now states that unless an employer “reasonably expects driving to be one of the job functions of the position” and doesn’t reasonably believe an employee could use an “alternative form of transportation,” they cannot:
- Include a driver’s license requirement in any job posting.
- Ask an applicant if they have a valid driver’s license.
- Deny someone a job because they don’t have a valid license.
It’s important to note that getting to and from work doesn’t count as a driving requirement of the job. Neither does something like the possibility that an employee may be asked to pick up lunch for the team or run work-related errands if they aren’t stated duties of their job.
The fact that the law has changed, unfortunately, doesn’t mean some employers won’t try to find a way around it – or ignore it completely. That’s why it’s crucial to know and be able to effectively assert your rights. If you believe you’ve wrongly been denied or lost a job due to the lack of a valid driver’s license, it can be helpful to get legal guidance to determine the best course of action.
