California law forbids several forms of driver’s license discrimination. These include requiring a driver’s license when unnecessary or using the information on a driver’s license to discriminate against an applicant or employee. Anyone who believes they suffered driver’s license discrimination should immediately reach out to an employment lawyer.
Can an Employer Require a Driverās License?
As a general matter, employers cannot require a driverās license unless a license is necessary to perform the applicable job duties. In more specific contexts, employers and other businesses that cater to the public cannot discriminate against Californians who hold driverās licenses but cannot prove citizenship or lawful residence in the United States. They cannot discriminate against applicants or employees whose driverās licenses accurately reflect their gender identity.
General Prohibition on Driverās License Discrimination
In general, your employer may not require you to possess or present a valid driverās license as a condition of employment. Employers may ask for a valid driverās license if state or federal law otherwise requires one. An employer may have a policy requiring a driverās license, but only if it applies the policy uniformly and if having a license is related to a legitimate business purpose.
A company cannot request a driverās license from certain applicants but not others due to reasons not relating to the job duties in question. For example, a company cannot request a driverās license from applicants with foreign-sounding names during the application stage but forgo the driverās license requirement for other applicants.
This constitutes driverās license discrimination and violates California employment laws.
Driverās License Discrimination as a Form of National Origin Discrimination
Regarding national origin discrimination, Section 12801.9 of the Vehicle Code requires the Department of Motor Vehicles to issue an original driverās license to an otherwise qualified applicant – even if the applicant cannot prove their lawful presence in the United States under federal law. The same law makes it illegal to discriminate against someone who āholds or presentsā such a license.
Under Californiaās Fair Employment and Housing Act (FEHA), national origin discrimination includes – but is not limited to – discrimination due to possessing a driverās license granted under Section 12801.9. If an employer can lawfully require an employee to have a valid driverās license, the employer cannot refuse to accept a license issued under Section 12801.9 or treat an employee differently because they have such a license.
The Unruh Civil Rights Act prevents businesses open to the public from discriminating against anyone who holds a driver’s license issued under Section 12801.9. The Unruh Act applies to bars, restaurants, hotels, landlords, real estate agents, and many other business establishments. It can violate the Unruh Act for a covered business establishment to refuse service to a person holding a non-citizen driverās license or even to charge that person a different rate for goods or services.
Driverās License Discrimination as a Form of Gender Discrimination
Beginning in January 2019, Californians can opt to select an X (instead of an M or an F) as a gender nonbinary marker on their driverās licenses. It can violate FEHA or the Unruh Act if an employer or public business discriminates against a person who chose to have an X driverās license. California law broadly forbids discrimination due to gender and gender identity against applicants or employees, including discrimination due to someoneās appearance or what is on their driverās license.
Further, an employer cannot discriminate against an employee whose gender on their driverās license does not match their appearance. Discrimination cannot happen due to someoneās gender expression or nonconformity.
Discrimination can be overt and easy to recognize, such as a car rental company refusing to rent a car to a person with an X or Section 12801.9 license. It can also be subtle and difficult to discern, such as where an employer refuses to hire a person who holds one of those licenses for a job where a license is a requirement, even though that person is the best-qualified candidate.
What to Do if You Think You Experienced Driverās License Discrimination?
If you believe you suffered driverās license discrimination as a job applicant or employee, you should not wait to discuss what happened with an employment attorney. A lawyer can review your situation and advise whether you have legal rights under state discrimination laws.
Accusing an employer of failing to hire or otherwise discriminating against you due to your driver’s license information or failing to have a driver’s license can start a challenging battle. Employers will not admit to such discrimination, and they will come up with another pretextual reason for the adverse action. Your attorney can gather evidence to challenge this pretext and prove discrimination occurred.
An employment attorney can also identify what legal relief you deserve for your driverās license discrimination and take steps to obtain this relief for you.
An Experienced Employment Discrimination Attorney Can Help
Whether or not an action is unlawfully discriminatory will depend on the facts and circumstances of a given situation. If you feel you suffered discrimination because of a failure to have a driverās license or because of what is on your driverās license, contact an experienced attorney who can advise whether an employer violated your rights.