Starting in January 2025, California employers must adjust their hiring practices to align with a new amendment to the Fair Employment and Housing Act (FEHA). Senate Bill 1100 prohibits employers from requiring job applicants to have a driver’s license unless driving is an essential and unavoidable part of the job. This change aims to support the employment of non-drivers who rely on alternative forms of transportation like ride-hailing services, public transit, biking, or walking.
Understanding The FEHA Amendment
California law already prohibits discrimination based on an applicant’s immigration status, with nonstandard driver’s licenses (such as AB 60 licenses) issued to individuals who cannot prove legal presence in the United States. However, the new legislation expands protections to those without any form of driver’s license, aiming to ensure that transportation barriers do not unnecessarily limit job opportunities.
Under the amended FEHA, employers can no longer include blanket statements in job ads or applications requiring a driver’s license unless:
- Driving is an essential job function. The employer must reasonably expect the role to require driving in a way that cannot be replaced by alternative transportation.
- Alternative transportation is not comparable. The employer must determine that using a ride-hailing service, taxi, or other modes of transportation would not be feasible in terms of travel time or cost.
The law aims to prevent discrimination against individuals who either cannot afford to maintain a vehicle or whose physical limitations prevent them from obtaining a license, such as those with visual impairments.
Implications For Employers
Employers in California should review their hiring materials, including job postings, applications, and recruitment ads, to ensure compliance with the new FEHA requirements. Starting January 2025, employers must clearly evaluate whether a driver’s license is necessary for the job or if alternative transportation methods could fulfill the role’s demands.
Businesses operating in Los Angeles County must comply with local hiring regulations. This includes the Fair Chance Ordinance, which imposes specific requirements for job solicitations.
Why This Matters
This amendment is part of a broader effort to remove barriers to employment, particularly for those who rely on public transportation or ride-sharing services due to financial or physical limitations. Employers who fail to comply with the new law not only risk legal penalties but also a loss of access to a broader, more diverse talent pool. This adjustment offers an opportunity for employers to rethink what is truly necessary in their job requirements, encouraging inclusivity in the workplace.
How GMS Can Help
Staying compliant with labor laws can be complex. At Group Management Services (GMS), we specialize in helping businesses navigate regulatory changes like California’s new FEHA amendment. Whether you need assistance with drafting compliant job descriptions, updating your hiring processes, or managing other HR functions, GMS has the expertise to ensure your business remains compliant and avoids costly penalties. Contact us today to learn more about how we can support your HR and compliance needs.