Illinois has enacted HB 4758 (Public Act 104-0776), amending the Job Opportunities for Qualified Applicants Act to limit when employers may require applicants to possess a driver’s license. The law takes effect January 1, 2027.
The legislation is intended to reduce barriers to employment for individuals who do not hold driver’s licenses and requires employers to carefully evaluate whether driving is truly necessary for a position.
New Restrictions on Driver’s License Requirements
Beginning January 1, 2027, employers and employment agencies generally may not state in a job posting that an applicant must possess a valid driver’s license unless:
- Driving is an essential function of the job; and
- Possessing a driver’s license is a business necessity.
If a driver’s license is required, the employer must include a brief explanation in the job posting describing why the requirement is necessary.
Broader Hiring Restrictions Removed Before Passage
As originally introduced, the legislation would have prohibited employers from taking adverse employment actions against applicants or employees based on their failure to possess a driver’s license. However, those provisions were removed before final passage.
As enacted, the law focuses primarily on job advertisements and postings, rather than creating a broad employment discrimination prohibition.
Employers Covered
The Job Opportunities for Qualified Applicants Act applies to:
- Employers with 15 or more employees in the current or preceding calendar year; and
- Employment agencies.
Employers Impacted
The law is particularly relevant for employers that:
- Routinely include driver’s license requirements in job postings;
- Recruit for positions that do not involve regular driving duties;
- Use standardized job advertisements across multiple positions; or
- Utilize third-party recruiters or employment agencies.
Employer Takeaway
Before January 1, 2027, Illinois employers should review job descriptions, recruiting templates, and job posting practices. Employers that require applicants to possess a driver’s license should confirm that driving is an essential function of the position and a business necessity, and be prepared to explain that requirement in the job posting itself.
The new law serves as a reminder that credential requirements included in job postings should be closely tied to the actual duties and needs of the position.