Labor & Employment Law Update

Illinois employers that require a valid driver's license in job postings may need to revise their hiring practices before January 1, 2027. A recent amendment to the Illinois Job Opportunities for Qualified Applicants Act—known as the “Ban the Box” law—prohibits employers from requiring a driver’s license in a job posting unless certain conditions are met. Employers that continue to include unnecessary driver’s license requirements could face enforcement action and civil penalties.

Employers Must Justify Driver’s License Requirements in Job Postings

The Act seeks to expand employment opportunities for qualified applicants, protect applicants’ civil rights, and prevent unnecessary or unjustified barriers to employment based on criminal history. The recent amendment expands the Act to address driver’s license requirements in job postings.

Beginning January 1, 2027, employers and employment agencies may not state in a job posting that an applicant must possess a valid driver’s license unless driving is:

1. An essential function of the job; and
2. A business necessity.

If a job requires a valid driver’s license, the employer or employment agency must also include a brief description in the job posting explaining why the license is necessary for the position.

This change may require employers to reconsider driver’s license requirements in existing job postings, particularly for positions where a license is preferred but not essential to performing the job.

Potential Penalties for Noncompliance

The Act’s existing enforcement framework remains in place. The Illinois Department of Labor (“IDOL”) is authorized to investigate alleged violations and impose civil penalties. The penalties escalate based on the number of violations and the length of time a violation remains uncorrected:

• First Violation: IDOL issues a written warning, and the employer has 30 days to remedy the violation without incurring a civil penalty (i.e., removing a prohibited inquiry or adding the reason a driver’s license is required in the job posting).

• Second Violation: A civil penalty of up to $500 may be imposed. This penalty may also apply if the initial violation remains uncorrected for 30 days after notice.

• Third Violation: A civil penalty up to $1,500 may be imposed. This penalty may also apply if the violation remains uncorrected 60 days after notice.
• Subsequent Violations: Additional civil penalties of up to $1,500 may be imposed for each subsequent violation. If the violation remains uncorrected for 90 days after notice the employer may also face additional penalties of up to $1,500 for each additional 30-day period on noncompliance.

What Employers Should Do Now                                       

To prepare for the January 1, 2027 effective date, employers should review their job postings and hiring practices for compliance with the amended law. Specifically, employers should:

• Review job postings to identity driver’s license requirements that may not satisfy the new standard.
• Evaluate job requirements to determine whether driving is an essential job function and a business necessity for each position requiring a valid driver’s license.
• Update job postings to include a brief explanation of why a driver’s license is necessary if driving is an essential function and business necessity.
• Train hiring personnel on the amendments to the Act and its impact on job posting practices.