HF4635

Purpose

• The bill aims to change hiring rules so employers, employment agencies, and labor organizations cannot require a valid driver’s license as a condition of hiring or continuing to work, except in limited cases where driving is essential for the job or serves a legitimate business purpose.

Main Provisions

• Prohibition on driver’s license requirements:
  • It is an unfair employment practice to require a driver’s license as proof of identity or as a condition of employment or continued employment.
• Limited exception:
  • A driver’s license can still be required if driving is an essential job function or needed for a legitimate business purpose.
• Acceptable identification alternatives:
  • Employers must allow other identification documents that are acceptable for forms used by the U.S. Citizenship and Immigration Services (USCIS) to verify identity and employment authorization.
• Voluntary use of a driver’s license:
  • An employer may accept a driver’s license as identification if it is voluntarily offered by the applicant or employee.
• Evidence and compliance:
  • The fact that a driver’s license is accepted voluntarily cannot be used as evidence that the employer violated this rule.

Changes to Existing Law

• Adds a new subdivision (Subd. 9) to Minnesota Statutes 2024 section 363A.08.
• Shifts employment verification practices away from making a driver’s license a blanket requirement and toward broader, USCIS-acceptable identification options, with a clear exception for essential driving roles.

Practical Impact

• Hiring barriers based on lack of a driver’s license are reduced.
• Applicants without a driver’s license have improved opportunities, unless the job truly requires driving.
• Employers retain some flexibility for positions where driving is essential or commercially justified.

Terminology Emphasis (key terms from the bill)

• unfair employment practice
• bona fide occupational qualification (BFQ/BOQ)
• essential job functions
• legitimate business purpose
• driver’s license / driving license
• identification documents
• United States Citizenship and Immigration Services (USCIS)
• identity and employment authorization
• employment, employment agency, labor organization
• condition of employment
• continuation of employment
• voluntarily offered

Relevant Terms - driver’s license - identification - USCIS - identity and employment authorization - unfair employment practice - bona fide occupational qualification - essential job functions - legitimate business purpose - employment eligibility - verification - employment documentation - voluntary acceptance - evidence of violation