Effective July 27, 2025, employers will have to carefully consider whether they should require that employees have a valid driver’s license as a condition of employment.
In 2019, Washington State enacted the Equal Protection and Opportunity Act (“EPOA”) addressing pay practices that could lead to discriminatory pay. In 2022, the legislature amended EPOA to add requirements to job postings, including such things as providing a salary range, benefits information, and more. This year, the Washington legislature amended EPOA twice: first, to address implementation issues on the job posting requirements (see our blog here on those changes) and second, to address employer requirements of a valid driver’s license as a condition of employment (discussed below).
Many employers routinely list a driver’s license as a condition of employment—even when jobs do not involve driving or driving is not a core function. Many people felt that such requirements could provide unnecessary barriers to employment for individuals with disabilities or those otherwise unable to obtain a valid driver’s license.
Enter Senate Bill 5501
Signed into law on April 22, 2025, SB 5501 prohibits an employer from (a) requiring a driver’s license as a condition of employment or (b) including a statement in a job posting that an applicant must have a valid driver’s license, unless driving is an essential job function or is related to a legitimate business purpose for the position.
Enforcement Provisions:
The Washington Department of Labor and Industries (L&I) must investigate complaints regarding violations of the bill. If it determines a violation has occurred, it may order payment to the complainant of: (1) any actual damages; (2) statutory damages equal to the actual damages or $5,000, whichever is greater; and (3) interest of 1 percent per month on all compensation owed.
L&I may also order payment of the costs of the investigation and enforcement, order any other appropriate relief, and assess a civil penalty of up to $500 for the first violation, and up to $1,000 or 10% of the damages for a repeat violation, whichever is greater. If no violation is found, L&I must issue a closure letter detailing the findings. L&I's determinations may be appealed.
An employee or applicant who prevails is entitled to costs and reasonable attorneys' fees. Any wages and interest owed must be calculated from four years from the last violation before the complaint.
Washington joins Oregon and California in passing such legislation. The law is effective July 27, 2025.
Key Takeaways:
- Employers should review job descriptions and job postings that list a valid driver’s license as a job requirement and assess whether such a requirement truly is an essential job function or is related to a legitimate business purpose. If it is not, the requirement should be immediately removed.
- Employers should also review application materials for any blanket driver’s license requirement, and either remove such statements or clarify that it may be required only for certain positions.
The legal issues impacting this topic are and will continue to be ever-changing (Employment Law in Motion!), and since publication of this blog post, new or additional information not referenced in this blog post may be available.
This article is provided for informational purposes only—it does not constitute legal advice and does not create an attorney-client relationship between the firm and the reader. Readers should consult legal counsel before taking action relating to the subject matter of this article.
