California has laws to address more types of employment discrimination than just about any other state. Some state lawmakers are hoping to address one more often-overlooked type of employment discrimination by amending the California Fair Employment and Housing Act.
A bill is making its way through the state legislature would prohibit employers from discriminating against a current or potential employee who doesn’t have a valid driver’s license if their job (or the job for which they’re applying) doesn’t require that they drive as part of their job duties. Currently, employers are not legally prohibited from including that as a consideration in hiring and other employment decisions.
Note that the ability to get to and from work wouldn’t count as a reason why an employee can be required to have a driver’s license. As long as someone can get to and from work on schedule, it doesn’t matter how they do it.
Why the current law is discriminatory on multiple levels
A state senator who represents part of Los Angeles County authored the bill. He says, “Requiring a driver’s license for employment instead of other forms of identification can result in systematic exclusion and exacerbates social inequities. [The proposed law] will end this discrimination and create a more just and equitable system.”
Those who support the legislation say that an unnecessary driver’s license requirement can be discriminatory. The cost of having a car in Southern California is prohibitive for a lot of people. Gas, taxes, insurance and maintenance all add up. Parking in some areas is very expensive. Not everyone can afford it. That situation is only exacerbated if they can’t get a job as a result. Further, some people can’t drive because of any number of physical impairments.
One public policy professional notes that it “will expand job opportunities for people who either choose to not drive or are unable to drive, who are disproportionately people of color and people with disabilities who already face significant barriers to employment and housing.”
So far, the bill seems to have momentum. The Los Angeles Times editorial board, in announcing its support, wrote, “California should be removing unnecessary barriers to employment.”
Our state’s employment laws are constantly evolving – and typically for the better. However, employees must know their rights and be able to effectively assert them. Having experienced legal guidance behind you can help.