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Requiring a driver’s licenseAn employer may require an employee to have a driver’s license only if driving is an essential function of that position, says the Equal Employment Opportunity Commission (EEOC) in a recent advisory letter. Under the Americans with Disabilities Act (ADA), employers may impose qualification standards that are job-related and consistent with business necessity. The employer raising the issue told the EEOC that it requires a driver’s license whenever driving is an essential or non-essential function of a particular job classification or job title. The EEOC responded that the requirement is permissible when driving is an essential function, but not when it is a non-essential function. In addition, said the letter, an employer must evaluate each specific position, not just each job classification or job title, to determine whether driving really is required. Driving may be an essential function for one person in a job classification or with a particular job title but not for another. The agency notes that advisory letters are intended as unofficial, informal assistance with issues rather than as official opinions.
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