When you fill out a job application or go in for an interview, you likely don’t expect to be asked if you have a valid driver’s license unless the job itself requires driving – for example, making deliveries, sales calls or going to customers’ homes or businesses. However, under current California law, employers can refuse to hire someone who doesn’t have a driver’s license, whether the job for which they’re applying requires driving or not.
That will change if a bill currently in the state legislature passes and is signed into law. It would amend the California Fair Employment and Housing Act so that an employer couldn’t make any hiring or other employment decisions based on whether a person has a valid driver’s license unless they reasonably expect that driving will be required as part of the job duties and that no other mode of transportation would be a reasonable alternative.
Current law “exacerbates social inequalities”
Sometimes, this discrimination comes in the form of requiring a valid driver’s license as identification for a person to be hired. As the lawmaker who authored the bill notes, this “can result in systematic exclusion and exacerbates social inequities.”
The proposed change in the law – and the support it’s gained throughout the state – stem in large part from the fact that not everyone has a driver’s license for various reasons. For one thing, not everyone can afford to own a car and deal with the expenses that come with it. Insurance isn’t cheap – even with a clean driving record. Even parking fees can be outrageous. Some people can’t drive for physical reasons.
Further, more people are biking to work, taking buses or sharing a ride with co-workers. In our area, Bay Area Rapid Transit (BART) is many people’s chosen way to commute to and from work. Fewer teens are getting driver’s licenses when they’re old enough.
One public policy professional who’s advocating for the amendment says it “will expand job opportunities for people who either choose to not drive or are unable to drive, who are disproportionately people of color and people with disabilities who already face significant barriers to employment and housing.”
While this proposed change isn’t yet the law, it’s always important to know what the current laws are and the changes, when they occur. If you believe your rights have been violated and you aren’t able to resolve the matter with your employer, it may be wise to get legal guidance.