Driving You Mad? SB 1100 Requires Updates to Key Employment Documents
Posted March 14, 2025

Does your standard employment application contain a question like, “Do you have a valid driver’s license?” Or, does every job advertisement you post provide, “Driver’s license required”?

Remember that starting January 1, 2025, Senate Bill 1100 (“SB 1100”) significantly amended the Fair Employment and Housing Act (“FEHA”) by restricting employers from including statements about the need for a driver’s license in job advertisements, postings, applications, and other employment materials, unless two criteria are satisfied:

• The employer reasonably expects that driving is an essential function of the position; and
• The employer reasonably believes that alternative forms of transportation—such as ride-hailing services, walking, bicycling, taxis, or carpooling— “would not be comparable in travel time or cost to the employer.”

SB 1100’s legislative history indicates that it is intended to curb potential discrimination resulting from the unnecessary requirement for a driver’s license, which disproportionately affects individuals with disabilities, low-income individuals, and individuals residing in urban areas with access to public transportation who choose not to drive or own a vehicle.

Unfortunately, we continue to see documents containing potential SB 1100 violations (which are FEHA violations!). Thus, for any employers who have not done so already, we strongly advise an immediate review (and possibly revisions) of your job advertisements, job descriptions, employment applications, offer letters, and other hiring materials to ensure compliance with SB 1100.

SB 1100 can be accessed here.

For questions about onboarding materials or processes, or for other employment law issues, contact the attorneys at LightGabler LLP.

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