The new amendment to California’s Fair Employment and Housing Act (FEHA), effective from January, has far-reaching implications for employers in the state. By limiting the requirement for a driver’s license in hiring materials, the amendment is expected to enhance employment opportunities for individuals who do not have a driver’s license. This change, brought forth by Senate Bill 1100 and signed into law by Governor Gavin Newsom, specifically aims to support those who rely on alternative transportation methods such as ride-hailing services, public transportation, biking, and walking.
Expanding Employment Opportunities
The amendment to FEHA mandates that a driver’s license requirement can only be stated in job advertisements, postings, applications, and other related materials if driving is an essential job function that cannot reasonably be fulfilled by alternative means. This legislative change extends California’s existing anti-discrimination protections for individuals with nonstandard driver’s licenses, such as the AB 60 license for those who cannot provide proof of legal presence in the U.S. The scope now includes individuals without any driver’s license, further leveling the playing field for those with financial constraints or physical impairments like blindness.
By imposing these restrictions, the amendment compels employers to meticulously evaluate their job requirements and ensure they do not automatically exclude candidates without a driver’s license unjustifiably. Jobs that do not fundamentally require driving must offer alternatives such as remote work options or flexible commuting methods, thereby broadening the spectrum of job inclusivity.
What Employers Need to Know
Employers must revise their hiring and pre-employment documents to align with the new regulations, ensuring compliance and promoting non-discriminatory practices. The legislation stipulates that in cases where driving is stated as a requirement, employers need to demonstrate the necessity of driving for the specific job role. This necessity should be based on the fact that alternative transportation methods are either not comparable in travel time or would increase costs significantly for the employer.
This amendment requires a careful reassessment of job roles and their associated requirements. Employers must discard obsolete notions that blanket the necessity of a driver’s license and instead focus on job-specific needs. Such an approach encourages a thoughtful redesign of roles to accommodate a more diverse workforce, including those who may have been marginalized due to stringent transportation-related stipulations.
Moving Towards Inclusivity
A new amendment to California’s Fair Employment and Housing Act (FEHA) takes effect from January and brings significant changes for employers in the state. This amendment, established through Senate Bill 1100 and signed by Governor Gavin Newsom, restricts the necessity of a driver’s license in hiring processes. The rule aims to expand job opportunities for people who don’t have a driver’s license, thereby offering greater inclusivity. Those who use alternative transportation methods like ride-hailing services, public transit, biking, or walking will notably benefit. This legislative move is expected to have wide-ranging, positive implications for job seekers who face barriers due to the lack of a driver’s license. By reducing this requirement, the amendment encourages diversity and helps build a more accessible labor market, supporting various communities across California. Employers will need to adapt their hiring practices to align with this new regulation, fostering a more inclusive approach to employment.