New Two-Part Test for Driver’s License Requirement in Hiring

California’s SB 1100 amends the state’s Fair Employment and Housing Act by introducing a new two-part test governing when an employer may require a job applicant to possess a driver’s license. As of January 1, 2025, employers must satisfy the following two conditions before including a statement in a job advertisement, posting, application or other hiring material that an applicant must have a driver’s license: (1) the employer reasonably expects driving to be one of the job functions for the position; and (2) the employer reasonably believes that satisfying the job function using an alternative form of transportation would not be comparable in travel time or cost to the employer.  An “alternative form of transportation” includes, but is not limited to, using a ride hailing service, using a taxi, carpooling, bicycling, or walking.  To ensure compliance and lower the risks associated with allegations of discrimination, California employers are encouraged to evaluate all policies, procedures, and hiring materials that reference the need for a driver’s license, applying the new two-part test.  It is further recommended that managerial and/or supervisory staff be trained on SB 1100’s requirements and be familiar with which positions the statute impacts.