Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS
Labor & Workplace Standards Committee
HB 1402
Brief Description: Concerning job postings requiring driver's licenses.
Sponsors: Representatives Scott, Farivar, Davis, Berry, Thai, Fitzgibbon, Mena, Duerr, Parshley, Taylor, Reed, Gregerson, Doglio, Springer, Fosse, Pollet, Ryu, Street, Hill and Macri.
Brief Summary of Bill
  • Prohibits, under certain circumstances, an employer from including a statement in a job posting that an applicant must have a driver's license.
Hearing Date: 1/28/25
Staff: Jim Morishima (786-7191).
Background:

The Washington Law Against Discrimination (WLAD) protects members of specified protected classes from discrimination, including discrimination based on race, creed, national origin, immigration or citizenship status, or veteran status.? The Human Rights Commission (Commission) administers and enforces the WLAD.? If the Commission finds that there is reasonable cause to believe unlawful discrimination has occurred, it must first attempt to resolve the issue through conference and conciliation.? If this process fails, the Commission must refer the matter to an administrative law judge.

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The WLAD establishes certain unfair practices relating to a person's membership in a protected class.? For example, it is an unfair practice for an employer to require an employee to disclose the employee's, or another employee's, sincerely held religious affiliation or beliefs.
Summary of Bill:

It is an unfair practice under the Washington Law Against Discrimination for an employer to include a statement in a job advertisement, posting, application, or other material that an applicant must have a valid driver's license, unless:

  • the employer reasonably expects driving to be an essential job function; and
  • the employer reasonably believes it would not be comparable in travel time or cost to use an alternative form of transportation, including a ride hailing service, using a taxi, carpooling, bicycling, walking, or transit.
Appropriation: None.
Fiscal Note: Preliminary fiscal note available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.