California’s Senate Bill 1100 (SB 1100) amends the state’s Fair Employment and Housing Act (FEHA) by introducing a new two-part test governing when an employer may require a job applicant to possess a driver’s license. Beginning January 1, 2025, before including a statement in a job advertisement, posting, application or other hiring materials that an applicant must have a driver’s license, employers must satisfy both of the following conditions: 

1. The employer reasonably expects driving to be one of the job functions for the position; and  
2. The employer reasonably believes that satisfying the job function using an alternative form of transportation would not be comparable in travel time or cost to the employer. 

An “alternative form of transportation” includes, but is not limited to, all of the following: Using a ride hailing service, using a taxi, carpooling, bicycling, or walking. 

What Does It Mean 

Without limitation, for any position where there is a reasonable expectation that driving will be required as “one” of the job functions of the position being applied for, the two-part test must be applied.  

To ensure compliance and lower the risks associated with allegations of discrimination, employers should consider the following: 

• Evaluate all hiring materials applying the new two-part test. If a position does not meet the requirements, all materials associated with the position should be revised. Since the statute does not make allowances for essential or major job functions, all job functions should be considered when applying the two-part test.  

• Review any polices or procedures that reference the need for a driver’s license to ensure they refer/apply only to those positions that meet the two-part test.  

• As always, training is a major component when it comes to compliance. Human Resources, recruiting staff, as well as managers/supervisors should all be trained on SB 1100’s new requirements and be familiar with which positions the statute impacts.