California workers who don’t have a driver’s license have received some great news. Suddenly, jobs that were not available for them before have opened up. With a new amendment to the California Fair Employment and Housing Act (FEHA), employers won’t be able to include having a driver’s license as a job requirement, unless driving is indeed an integral part of the job.
No more discrimination for those who don’t drive
In a step towards no discrimination and fairness, the FEHA was amended once again as of January 1, 2025. This time, in favor of job seekers who don’t drive or who don’t have a driver’s license. This not only impacts those who can drive but don’t do it for whatever reason.
The true intent behind the amendment is to level the playing field for people with disabilities, those who have a low income, and even those who live in areas with a healthy supply of public transport and elect not to drive.
Who will be mostly benefited?
The bill, called the California Senate Bill 1100, was put forward by Senator Anthony Portantino, and it will make getting a job easier for those who make use of public transportation, ride a bike, or walk to get to their jobs. One of the most inclusive aspects of the new amendment is that it will facilitate job seeking for people with disabilities, like those who suffer from blindness, and do not even qualify for a driver’s license.
The bill defines “alternative form of transportation,” making sure to cover all possible scenarios:
- Taxis
- Ride-hailing services
- Bicycling
- Walking
- Carpooling
How does the new amendment work?
The new amendment forbids employers from stating that one of the requirements for a job is a driver’s license. The exceptions to this amendment are two:
- The first one is that the employer has a reasonable expectation that driving is an essential function of the position.
- The second one is that using an “alternative form of transportation” will have a negative impact on costs for the employer or travel time.
Therefore, employers looking for candidates will have to be careful when posting any form of job advertisement, application, or demanding pre-employment documents. If driving is not essential to the job or the lack of driving is damaging to it, demanding a candidate to drive will be deemed unlawful.
How does SB No. 1100 affect housing?
Because the bill was amended to the Fair Employment and Housing Act, it also pertains to housing. Under this amendment, it is unlawful for the proprietor of any housing accommodation to discriminate against someone because they do not have a driver’s license.
Apart from warning owners of homes to avoid discrimination if someone is looking to buy or rent a property who doesn’t have a driver’s license, the bill also makes rejecting someone based on the lack of a driver’s license unlawful for organizations with memberships, and financial institutions, among others.
What are other amendments filed to the FEHA regarding driving?
There is already another amendment to the FEHA that pertains to driving. In 2013, Assembly Bill 60 established that the DMVs in California could issue driver’s licenses for undocumented immigrants, as long as they could prove who they were and that they had a California residency.
In 2014, an amendment was added to FEHA regarding the Assembly Bill 60. Employers had to accept candidates with this type of driver’s license, called “AB 60 driver’s license“, thereby making more jobs available for immigrants in California, provided they had this license.
Since January 1, 2025, the amendment has been in effect. Californian workers have already started to enjoy the opening of new doors in terms of employment. If your job doesn’t require that you drive, you are not compelled to have a driver’s license.
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