California’s workforce just gained a significant victory with the passage of Senate Bill 1100, signed into law by Governor Gavin Newsom on September 28, 2024. This landmark legislation, effective January 1, 2025, amends the California Fair Employment and Housing Act (FEHA) to limit employers’ ability to require job applicants to have a driver’s license. Aimed at reducing unnecessary barriers to employment, this new law reflects California’s broader commitment to promoting fair and equitable hiring practices.
For many job seekers, the requirement to hold a driver’s license has posed a disproportionate obstacle, especially for those who rely on alternative transportation methods, lack the financial means to own a vehicle, or face physical or legal challenges that prevent them from obtaining a license. Here’s what SB 1100 means for California workers, how it will impact employers, and why it’s an essential step toward workplace equality.
The Key Provisions of SB 1100
SB 1100 establishes a two-part test that employers must meet before requiring a driver’s license for employment. Under the law, an employer can only mandate a license if:
- Driving is a Necessary Job Function: Employers must reasonably determine that driving is a core component of the position. This doesn’t mean that driving must be the primary duty, but it must be one of the job functions directly related to the role.
- No Feasible Transportation Alternatives Exist: Employers must reasonably believe that other transportation methods—such as ride-sharing, carpooling, bicycling, or public transit—are not comparable to driving in terms of time or cost for fulfilling the job’s requirements.
This framework ensures that employers justify the need for a driver’s license based on specific job-related criteria rather than using it as a blanket requirement that could exclude qualified applicants unnecessarily.
Why SB 1100 Matters: Breaking Down Barriers to Employment
Requiring a driver’s license as a condition of employment can create significant disadvantages for certain groups of people:
- Individuals Without Access to Vehicles: Many Californians, particularly in urban areas, rely on public transit, biking, or walking to get around. Requiring a driver’s license unfairly excludes these individuals from opportunities.
- People with Disabilities: Some individuals are medically unable to drive but are fully capable of performing the essential duties of a job.
- Financial Inequities: Maintaining a car, including insurance and fuel costs, is expensive. Those without the financial resources to own a vehicle should not face additional hurdles to employment.
- Undocumented Immigrants: While California’s AB 60 allows undocumented individuals to obtain driver’s licenses, not all immigrants are able or willing to apply, making them vulnerable to exclusion from jobs.
Promoting Fair Hiring Practices
The intent of SB 1100 aligns with California’s ongoing efforts to promote inclusivity in the workplace. By restricting unnecessary driver’s license requirements, the law ensures that qualified individuals are not turned away from jobs simply because they don’t meet an arbitrary or outdated criterion.
This change encourages employers to think critically about what is genuinely necessary for a position, creating more equitable access to job opportunities for all Californians.
The Impact on Employers
For employers, SB 1100 introduces new responsibilities and potential risks. Employers must carefully evaluate their job postings and hiring practices to ensure compliance with the law. Here’s what employers need to know:
Revising Job Descriptions
Job descriptions that include a driver’s license requirement must be re-evaluated. Employers need to determine whether driving is truly a necessary function of the role and whether alternative transportation methods could meet the job’s needs.
Updating Hiring Policies
Hiring materials, such as job applications and advertisements, must be updated to remove unnecessary driver’s license requirements. Any materials that still include such requirements without meeting the two-part test could expose employers to legal challenges.
Training Hiring Managers
Employers must train hiring managers to avoid asking about driver’s licenses unless the position meets the two-part test. Instead, hiring managers should focus on whether applicants have a reliable mode of transportation to perform the job.
Legal Consequences for Non-Compliance
Violating SB 1100 could result in penalties under FEHA, including compensatory damages, punitive damages, attorneys’ fees, and costs. Employers may also face injunctions and declaratory relief.
How SB 1100 Benefits Workers
For workers, the new law represents a significant win in the fight against employment discrimination. It eliminates unnecessary barriers that have excluded qualified individuals from the workforce. It ensures that job requirements are directly tied to the duties of the position.
Expanding Job Opportunities
With fewer arbitrary requirements, more Californians will have access to job opportunities that were previously out of reach. This is particularly important for those who rely on public transit or alternative transportation methods.
Protecting Vulnerable Groups
The law provides additional protections for groups disproportionately affected by driver’s license requirements, including individuals with disabilities, low-income workers, and undocumented immigrants.
Promoting Equity in the Workplace
By holding employers accountable for justifying job requirements, SB 1100 promotes a fairer and more inclusive hiring process, ensuring that workers are evaluated based on their qualifications and abilities, not their mode of transportation.
Best Practices for Workers
While SB 1100 provides important protections, workers should remain proactive in understanding their rights under the new law. Here are some tips:
- Know Your Rights: Familiarize yourself with the provisions of SB 1100 and other workplace protections under California law.
- Report Violations: If you believe a job posting or employer is unlawfully requiring a driver’s license, consider reporting the violation to the appropriate authorities or seeking legal counsel.
- Seek Legal Assistance: If you encounter discrimination based on transportation-related issues, contact an employment attorney to understand your options and protect your rights.
Moving Toward a More Inclusive Future
California’s SB 1100 is a step forward in creating a more inclusive and equitable job market. By removing unnecessary barriers to employment, the law ensures that workers are evaluated based on their skills and qualifications rather than arbitrary requirements.
For employers, this change is an opportunity to align hiring practices with modern workforce needs and values. For workers, it represents a chance to access a broader range of opportunities without facing undue discrimination.If you believe your rights have been violated or have questions about how SB 1100 affects your employment situation, the Law Offices of Todd M. Friedman, P.C., is here to help. Our experienced employment attorneys are dedicated to protecting workers’ rights and ensuring compliance with California’s labor laws. Contact us today for a consultation.