Can I require all new hires to show me their driver's license?

Unless driving is required for the job, there is no reason to ask a new hire or current employee to show a driver's license.

California law expressly prohibits employers from including a statement in a job advertisement, posting, application or other materials that an applicant must have a driver’s license, unless the employer both:

• Reasonably expects driving to be one of the job functions for the position; and
• Reasonably believes that using an alternative form of transportation would not be comparable in travel time or cost to the employer.

Additionally, Vehicle Code section 12801.9 provides that it is a violation of the state 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; or
• Required by the employer and the employer's requirement is otherwise permitted by law.

Under state anti-discrimination regulations, a policy requiring applicants or employees to present or hold a driver's license can be unlawful, national origin discrimination if the policy is not uniformly applied or is inconsistent with business reasons, (i.e., possessing a driver's license is not needed in order to perform an essential function of the job).

Employers also cannot discriminate against individuals who hold or present a driver's license granted under section 12801.9 of the Vehicle Code. This section of the Vehicle Code allows for driver's licenses to be issued to persons who are not in the country legally if they are able to provide satisfactory proof of identity and California residency. Discrimination against applicants or employees who hold these special licenses is a form of national origin discrimination.

In addition, requiring a driver's license to show proof of employment eligibility could be an unfair immigration-related employment practice. Employees must be allowed to choose from the federal Lists of Acceptable Documents when completing the Form I-9.

Finally, be cautious about seeking drivers' records from job applicants prior to a conditional offer of employment. Drivers' records can reveal conviction history information. California law prohibits employers from seeking conviction history prior to a conditional offer of employment.

You can find more information in the New Employee Orientation and the Immigrant Workers and Discrimination Retaliation Protections sections of the HR Library.