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Driver’s License Discrimination in California

A California license issued under Vehicle Code section 12801.9 is still a license. Refusing to hire someone because of that fact is a FEHA problem.

General education for California employees—not legal advice. Your facts and deadlines control. This is not a Workplace Rights Advocacy case result. It explains the Civil Rights Department workplace notice in plain English. It is not the poster and it is not a complete statement of every exception.

What the notice prohibits

The Civil Rights Department lists this both as its own rule and as part of national origin. An employer cannot discriminate against an applicant or employee because the person possesses a California driver’s license or identification card issued to someone who could not prove lawful presence. Those licenses are issued under Vehicle Code § 12801.9. They are often called AB 60 licenses, and they carry a notice that federal limits apply.

Driving can still be a real job requirement

If the job requires the person to drive, the employer can require a valid license. An AB 60 license authorizes the person to drive in California. Rejecting the applicant because of the type of California license, rather than because the person cannot legally drive, is the practice the notice targets.

That license is not, by itself, a document that proves authorization to work in the United States. Employment-eligibility paperwork is a separate question. Immigration status also does not erase FEHA protections, though it can affect which remedies are available. Salas v. Sierra Chemical Co. (2014) 59 Cal.4th 407.

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Common questions

Answers we give on every page before you call. More detail is on our full FAQ page.

Do I have a case?

If you faced discrimination, harassment, retaliation, unpaid wages, wrongful termination, leave denial, or a refused disability accommodation, you may have claims. Whether your facts support a case depends on the evidence, deadlines, and applicable law—we evaluate that in consultation.

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Initial consultations are typically free. If we take the matter, fees are usually explained in a written agreement before you hire us. Many employment cases are handled on contingency (see below).

Do you work on contingency?

In many employment matters, yes—attorney fees may be collected only if there is a recovery, subject to a signed fee agreement. Costs and fee arrangements can vary by case type; we confirm the terms up front.

How long will my case take?

Some matters resolve in months; contested lawsuits can take a year or longer through discovery, mediation, arbitration, or trial. Timing depends on the claims, court or arbitrator calendars, and whether the other side fights. See how long employment lawsuits take.

What should I bring?

Bring or upload what you have: a short timeline, pay stubs or time records, emails and texts, write-ups or reviews, medical or leave paperwork, and the names of witnesses or managers. See our documentation guide.

Free consultation?

Yes—initial consultations are typically free and confidential. Contacting us does not create an attorney–client relationship until there is a signed written agreement.

What happens after I contact you?

Our intake team reviews what you send, follows up if we need more detail, and screens deadlines and claim types. If the matter may be a fit, we schedule a consultation to discuss options, risks, and next steps—or we let you know promptly if we cannot help.