In job interviews, can I ask an applicant whether they own a working vehicle to ensure consistent attendance?
HRCalifornia
Generally, no — asking an applicant whether they own a working vehicle may be discriminatory unless driving a personal vehicle for work falls under the essential duties of the position for which the applicant is applying.
In fact, California law expressly prohibits employers from including a statement in a job advertisement, posting, application or other materials that an applicant must have a driver’s license, unless the employer both:
- Reasonably excepts driving to be one of the job functions for the position; and
- Reasonably believes that using an alternative form of transportation would not be
HRCalifornia Resources
All resources require membership. For full access to every form, checklist and tool on HRCalifornia — plus the HRCalifornia Helpline for live expert support — become a member.