Under a law passed last year, AB 60, the California Department of Motor Vehicles (DMV) is scheduled to begin issuing driver’s licenses to undocumented persons who can submit satisfactory proof of identity and California residency. AB 60 also made it unlawful for a business to discriminate against individuals who hold or present such driver’s licenses (California Unruh Act violation).
AB 1660 makes it a violation for an employer to discriminate against an individual because he/she holds or presents an AB 60 driver’s license.
The law amends the code to specify that “national origin” discrimination includes discrimination on the basis of possessing a driver’s license granted under section 12801.9 of the Vehicle Code.
AB 1660 also makes it a violation for an employer to require a person to present a driver’s license, unless possessing a driver’s license is required by law or is required by the employer and the employer’s requirement is otherwise permitted by law.
The law neither limits nor expands an employer’s authority to require a person to possess a driver’s license as a job requirement.
Any driver’s license information obtained by an employer is to be treated as private and confidential and cannot be disclosed to any unauthorized person or used for any purpose other than to establish identity and authorization to drive.