Assembly Bill 1660 makes it a violation of the FEHA for an employer to discriminate against an individual because he or she holds a special driver's license, issued under the Vehicle Code for persons who are unable to submit satisfactory proof that their presence in the U.S. is authorized under federal law, but who can provide satisfactory proof of identity and California residency and meet other requirements for licensure.
This new law also prohibits an employer from requiring a person to present a driver's license, unless possessing a driver's license is required by law or is required by the employer and the employer's requirement is otherwise permitted by law. The new law states that "nothing in this section shall be construed to limit or expand an employer's authority to require a person to possess a driver's license."
In addition, the bill amends the FEHA to specify that discrimination on the basis of national origin includes discrimination on the basis of possessing a driver's license granted under these provisions. However, an action taken by an employer to comply with any requirement or prohibition under the federal Immigration and Nationality Act is permissible under the law.
The bill also exempts from disclosure under the California Public Records Act driver's license information obtained by an employer.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.