It is a violation of the Fair Employment and Housing Act for an employer to require a person to present a driver’s license unless possessing a driver’s license is:

• Required by law
• Required by the employer and the employer’s requirement is otherwise permitted by law

A policy that requires applicants or employees to hold or present a driver’s license may be discriminatory if the policy is not uniformly applied or is inconsistent with legitimate business reasons; for example, if the requirement to hold a driver’s license is not needed to perform an essential function of the job. For more information, see National Origin Discrimination.

In addition, employers cannot discriminate against immigrants who hold one of the unique drivers’ licenses issued under the Vehicle Code. For more information, see Immigrant Workers and Discrimination/Retaliation Protection.

• Employers also should be cautious about pulling DMV driver’s license records on job applicants. These records may also contain conviction history information, which cannot be obtained until after a conditional job offer has been made. Employers who need to review DMV records on job applicants or employees should consult legal counsel. There are exceptions if state or federal laws require the check. For more information, see Obtaining Criminal History.

1. Vehicle Code sec. 12801.9