Changes to California’s Fair Employment & Housing Act - MBI Worldwide Background Checks and Drug Screening

On September 28, 2024, Governor Gavin Newsom signed Senate Bill 1100, an amendment to California’s Fair Employment & Housing Act (FEHA), introducing a significant change to promote fairness and inclusivity throughout the hiring process.  Under the amendment, starting in 2025, California will prohibit employers from requiring a driver’s license in job advertisements and applications unless driving is a job function for the position that cannot be performed by alternative means.

An overview of California’s Fair Employment & Housing Act

Below is a quick timeline of California’s Fair Employment & Housing Act:

• 1959: The Fair Employment Practices Act enacted to address workplace discrimination
• 1963: The Rumford Fair Housing Act set boundaries on discrimination based on race, religion, national origin, and ancestry.
• 1980: The FEHA was enacted, combining the Fair Employment Practices Act and the Rumford Fair Housing Act.

Since then, the FEHA has been a center point for California’s anti-discrimination laws. Multiple changes have occurred over the past few years alone, such as AB 2188  in 2024, which prohibits discrimination against off-duty cannabis use in most circumstances, and updates to the Fair Chance Act in October 2023.

On September 28, 2024, Governor Gavin Newsom signed SB 1100 into law, further amending the FEHA to limit the circumstances under which an employer can require a driver’s license in job advisements and applications.

Purpose and employer restrictions

California has historically prohibited discrimination against individuals without a standard driver’s license to provide more opportunities for Californians with non-standard driver’s licenses who can provide proof of residency in the state but not national citizenship. This recent change adds an additional layer of protection to avoid candidate discrimination against individuals without any form of driver’s license at all.

The primary goal of the amendment is to provide equal access to employment opportunities for individuals who do not possess a driver’s license and those who may rely on alternative transportation methods such as ride-hailing services, public transportation, biking, and walking. Employers are also prohibited from including a statement in job advertisements, postings, applications, or other materials that an applicant must have a driver’s license unless:

• The employer reasonably anticipates driving to be one of the job functions for the position.
• The employer reasonably believes that satisfying the job function using alternative forms of transportation (such as ride-hailing, taxis, carpooling, bicycling, and walking) would not be comparable in travel time or cost to the employer.

These changes to California’s Fair Employment Act are effective January 1, 2025. To learn more details, read the full text of the amendment here.

The future of anti-discrimination law

Hiring professionals in California should monitor the status of Senate Bill 1100 as the law’s interpretation and employer boundaries are set in future rulings, as well as other future updates to the Fair Employment & Housing Act.

While this amendment specifically applies to California, it draws attention to an often-overlooked barrier to inclusivity and non-discrimination in the workplace for candidates who do not or are unable to drive. Employers in other states should also be aware of these changes, as they may influence future legislation in other states and jurisdictions.

This article is for informational purposes only and does not constitute legal advice. Employers should consult their legal counsel before taking any action.