California has among the largest number of classes of people who are legally protected from employment discrimination in the country. People who don’t have driver’s licenses aren’t among them – at least not yet.
A bill currently being considered in the California Senate would prohibit discrimination against any potential or current employee who doesn’t have a valid driver’s license if the job duties don’t require them to drive (aside from getting to and from work).
The proposed legislation comes at a time when more teens are opting not to get a license when they’re eligible, and more people are letting theirs expire or not trying to get it reinstated after a suspension.
Why a license requirement can be discriminatory
Although it’s long been said that you can’t live in Los Angeles without a car, people are increasingly able to work at home and get where they need to go by bike, public transit or Uber. Further, the cost of owning and maintaining a vehicle – including keeping it insured – has been escalating, along with the cost of living in general throughout California. Having a car is a luxury not everyone can afford.
That’s another reason why the legislation, which would amend the California Fair Employment and Housing Act, has so far gotten widespread support from lawmakers. The Los Angeles Times editorial board recently came out in favor of it, saying that “California should be removing unnecessary barriers to employment.”
The editorial board cites statistics that Black and Latino drivers are more likely to be stopped and ticketed than other drivers. If a person isn’t able to pay their tickets, their driver’s license can be suspended. If that harms their ability to get work, it’s a vicious cycle.
When can an employer require someone to have a valid license?
The bill in its current form prohibits employers from requiring a driver’s license unless:
- “The employer reasonably expects driving to be one of the job functions for the position” AND
- “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.”
Employers often put up arbitrary barriers to employment like this, and not all of them are illegal. Sometimes, these are due to outdated perceptions (like all responsible people drive). It’s important for Californians to know their rights (which are always changing – often for the better) and to effectively assert them.