In job interviews, can I ask an applicant whether they own a working vehicle to ensure consistent attendance?

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