A proposal to restrict driver licenses requirements in job postings and applications is under consideration.

HB 1402 is sponsored by Rep. Shaun Scott (D–Seattle). It amends Washington’s Law Against Discrimination to make it an unfair practice for an employer to include a requirement that an applicant have a driver license in job advertisements, postings, applications, or other materials, unless driving is a necessary part of the job. To include a driver license requirement, the employer must reasonably believe that driving will be an essential part of the job and that an alternative mode of transport will not be comparable in travel time or cost to driving.

The Washington Law Against Discrimination is enforced by the state Human Rights Commission through a complaint and administrative hearings process.

The bill had a hearing on January 28, and proponents emphasized how eliminating driver license requirements would open up more jobs to disabled people, those who do not own cars, and those that simply choose not to drive – especially for jobs that do not actually require driving. Other witnesses testified that they support the underlying intent, but pointed out that “reasonableness” and “essential” are ambiguous and potentially risky to employers who were acting in good faith.

Another issue is that the exception as drafted is narrow. Many jobs at cities require that employees drive as part of their job, including police officers, firefighters, transit operators, public works or utilities workers, parks workers, etc. However, the exception is structured such that it only applies when an alternative would not result in comparable travel time or cost – not just that driving employer-owned vehicles or equipment is part of the job. AWC is working with the bill sponsor to address this issue.

Dates to remember

HB 1402 is scheduled for a committee vote in the House Labor & Workplace Standards Committee on February 7 at 10:30 am.