Important legislative update that will significantly impact hiring practices in California.
The Fair Employment and Housing Act (FEHA) is set to introduce a new provision, effective January 1, 2025, concerning the requirements related to driver's licenses in job postings and applications.
Overview of SB-1100:
Effective January 1, 2025, FEHA will enforce a prohibition against the inclusion of driver's license requirements in job postings, applications, advertisements, or any related hiring materials, with specific exceptions. This legislative change is designed to eliminate unnecessary barriers to employment for individuals who may not have a driver's license.
Exceptions to the Rule:
Employers may still require a driver's license for a position if:
Driving as an Essential Job Function: The employer has a reasonable expectation that driving will be a core component of the job responsibilities.
No Feasible Alternatives: The employer reasonably believes that the essential job function requiring driving cannot be fulfilled through alternative means of transportation that are comparable in time or cost to the employer.
Implications for Employers:
Review and Update Hiring Materials: Examine your job postings, applications, and related materials to remove any blanket requirements for a driver's license, unless the position meets the specified exceptions.
Assess Job Functions: Carefully evaluate which roles truly necessitate a driver's license and document the reasons, considering whether alternative transportation options could serve the same purpose.
Educate Your Team: Provide training for your hiring managers and HR personnel to ensure they are aware of the new FEHA requirements and are equipped to assess job functions and transportation alternatives appropriately.