Employers clearly need workers to have the ability to get to work reliably and on time. So, can an employer require workers to have their very own driver’s license or automotive?
The quick reply: perhaps. The longer reply: Should you choose to do that, be very cautious, and pay attention to the dangers.
Typically talking, an employer might be inside its rights to require an worker to have a sound driver’s license just because there’s no regulation that prohibits it outright. Nonetheless, doing so is just not with out main dangers of showing to be discriminatory. It could be an ill-advised choice for that purpose.
One of many dangers is that it might discourage these with disabilities from making use of for the job. Some disabilities could preclude having a driver’s license however could not imply somebody can not carry out the job.
Excluding these people too early within the screening course of could imply you’re discriminating in opposition to people with disabilities inadvertently. This might find yourself being an Individuals with Disabilities Act (ADA) discrimination difficulty until the requirement to drive is a necessary operate of the job itself.
The subsequent threat additionally pertains to discrimination, nevertheless it comes from the concept of disparate influence. Some protected lessons are extra probably to not have gotten a driver’s license or to have had their license revoked.
By having a blanket requirement of a driver’s license with out it being a necessary operate of the job, the employer dangers making a disparate influence for these teams, thus creating inadvertent discrimination. Listed below are a pair examples of when disparate influence could apply:
- Candidates who’re foreign-born could have extra necessities to get an area license and thus extra problem with this. However denying them the flexibility to use could seem like nationwide origin discrimination.
- Candidates whose licenses have been revoked for previous offenses usually tend to be in a protected class.
Notice that, after all, for any job wherein driving is a necessary operate to carry out the job itself, that’s a wholly completely different scenario, and a driver’s license requirement is affordable.
Alternate options for Employers
What ought to an employer that desires to make sure job candidates will reliably be at work on time do?
First, bear in mind there are different methods workers and not using a license can get to the office, similar to:
- Rides from others
- Carpooling with different workers or individuals who work close by
- Public transportation
- Bicycling or different types of transport that don’t require a license, similar to golf carts or scooters in some areas
- Taxis or ridesharing companies
- Providers for his or her explicit wants, similar to companies accessible for individuals who are disabled
Subsequent, rephrase your necessities to deal with the priority at hand: dependable and well timed work attendance. For instance, ask questions like:
- Do you might have dependable means to get to work on time each workday?
- What has your attendance and punctuality file been with previous employers?
These kinds of questions handle the underlying difficulty with out the chance of discrimination in opposition to protected lessons.
Bridget Miller is a enterprise guide with a specialised MBA in Worldwide Economics and Administration, which offers a novel perspective on enterprise challenges. She’s been working within the company world for over 15 years, with expertise throughout a number of numerous departments together with HR, gross sales, advertising, IT, business improvement, and coaching.