Illinois Curbs Ability To Require Driver’s License In Job Postings

Effective January 1, 2027, Illinois will limit the discretion covered employers have to insist on a driver’s license¹ in job postings.² HB4758 amends the Illinois Job Opportunities for Qualified Applicants Act—commonly referred as the state’s “Ban the Box law”—to restrict covered employers from stating in a job posting that applicants must have a valid driver’s license unless driving is an essential function of the job and a business necessity.³ If a license is required, the posting must include a brief explanation of why that requirement is necessary. Employers that violate the law are subject to penalties imposed by the Illinois Department of Labor.

In 2024, California enacted a similar but broader law. The California law prohibits employers from including a statement in a job advertisement, posting, application, or other material that an applicant must have a driver’s license unless the employer “reasonably” anticipates driving to be an essential job function that cannot be comparably performed by alternative means. While the legislative history for Illinois HB4578 is sparse, presumably it seeks to further the same purpose as California’s law, i.e., to facilitate employment for non-drivers who rely on ride hails, public transportation, biking, and walking as their primary means of transportation. Illinois’ focus on strengthening the protections related to work authorization may also have played a role in the amendment.

Although Illinois HB4758 is narrower in scope than the California law, it does not incorporate California’s “reasonably anticipates” standard. The emphasis thus seemingly is on whether the duties for the posted job genuinely require driving responsibilities rather than on the reasonableness of the employer’s belief about the job duties. 

That said, an amendment to HB4758 limited its reach to just job postings. The original version of the bill stated, “[u]nless driving is an essential job function or is related to a legitimate business purpose for a position, an employer or employment agency shall not: (1) refuse to hire, segregate, or act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, or privileges or conditions of employment on the basis of an applicant or employee not possessing a driver's license; (2) include a statement in a posting for a job opening for the position that an applicant must have a valid driver's license.” The legislative history militates in favor of a narrow construction of the statute.

The passage of HB4758 comes at a time when a significant number of employers require candidates to provide a copy of their driver's license during job interviews as a safeguard against candidate fraud. On its face, however, HB4758 does not appear to prohibit this security measure. Nevertheless, employers that engage in this practice should ensure their talent acquisition teams understand that candidates in Illinois (and California) should not be disqualified automatically for their inability to present a driver's license. Other forms of government-issued identification should suffice.

Covered employers in Illinois—and multi-state employers—must be mindful of the amended Illinois statute when drafting job advertisements. Covered employers also should be aware of related laws concerning job advertisements and postings, including in the City of Chicago.⁴

Footnotes

1. "Driver's license" means any license or privilege to operate a motor vehicle issued under the laws of this state.

2. "Employer" means any person or private entity that has 15 or more employees in the current or preceding calendar year, and any agent of such an entity or person. "Employment agency" means any person or entity regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person. "Employment" means any occupation or vocation.

3. The amended statute does not define “essential function” or “business necessity” but these terms are familiar from other contexts.

4. Chicago Municipal Code section 6-10-055 states: “No person shall publish or cause to be published, in print or on the internet, an advertisement for, or other posting of, any job opportunity that requires the applicant for the position to be employed or which states any other preference, limitation, or discrimination prohibited by this chapter.”