Effective January 1, 2025, SB 1100 amends the California Fair Employment and Housing Act (FEHA) to limit when employers can require a driver’s license in job advertisements and during the recruitment process. According to the bill’s author, unnecessary driver’s license requirements create barriers for Californians who do not drive. SB 1100 aims to promote equitable access to employment by prohibiting such requirements unless a two-part test is met.

The Two-Part Test for Driver’s License Requirements

Under SB 1100, an employer may only require a driver’s license in a job posting, application, advertisement, or other material if both of the following criteria are met:

  1. Job Function Necessity: The employer reasonably expects driving to be one of the job functions for the position; and
  2. Lack of Comparable Alternatives: The employer reasonably believes that using alternative transportation options would not be comparable in travel time or cost to the employer.

Under the law, “alternative form of transportation” includes, but is not limited to:

  • Ride-hailing services (e.g., Lyft, Uber);
  • Taxis;
  • Carpooling;
  • Bicycling;
  • Walking.

Key Points for Employers

To ensure your organization is in compliance with SB 1100, you should analyze duty statements for upcoming recruitments to determine if the positions meet the two-part test. If not, they should be revised to remove references to a driver’s license requirement. You will also need to update any recruitment materials, including the job posting, application, or advertisement accordingly.

Notably, SB 1100 only applies to new recruitments, not current employees in existing roles. There is no requirement to modify driving-related duties for existing employees. If, however, a current employee applies for a new position, SB 1100 would come into play for that recruitment process.

Although SB 1100 expressly applies to the recruitment process, it may impact how employers administer their Employer Pull Notice (EPN) programs to monitor employee driving records. Employers are required to enroll certain employees hired to operate vehicles in EPN programs, but many elect to enroll non-mandated drivers as well. For new hires who do not meet the two-part test outlined above, such enrollment must be on a voluntary basis. Employees who choose not to enroll in EPN programs can be directed to use alternate travel arrangements for business-related travel.

Consequences of Noncompliance

Failure to comply with this law can be costly. Violations, like other unlawful acts under the FEHA, expose employers to compensatory damages, attorney’s fees, and costs, as well as injunctive or declaratory relief.

If you have any questions about SB 1100’s impact on your recruitment practices or EPN-related policies, please contact Katie Mola at kmola@prismrisk.gov.