Hiring

CarlNC · August 2005

Is there any problem to require all applicants to have a valid drivers license since an essential requirment of the job is to drive company vehicle to job site when needed?

marc · August 2005

Sounds reasonable to me.

You might even go a step further and have them bring their DMV report showing how "clean" or not their driving record is.

Gillian3 · August 2005

No, and a requirement should also be a good driving record, which can be determined by the DMV report. These are common requirements for driving jobs.

HRinFL · August 2005

I agree with the others. This information will be necessary for insurance purposes as well, if they are driving wihtin the parameters of thier employment and/or operating a company vehicle.

Superlative_KC · August 2005

Do "when needed" and "essential" really go together?

marc · August 2005

I think so.

I would want the EMT to know how to stop the bleeding of an accident victim "when needed."

I bet the victim would think it essential.

:-?

pork1 · August 2005

CARLNC: YES, you may require all employees to have a valid driver's license and a good MVR, whereever there is driving requirement as a critical task of the position; however, You can not require all applicants to have a valid driver's license. On review of the available applications and resumes, you can certainly use the fact that someone does not have a valid drivers license as consideration for non-selection for further interview/review and hiring.

In our system any one grading out with 13 negative points for poor driving history would not be insurable and thus one would disqualify for a position which has a driving requirement. # of points are assessed for all speeding tickets. Any vehicle accident where the driver was at fault over the last 3 years would be a disqualification of 13 points. Running a school bus stop sign will get you 4 negative points. All of the above is verified by a quick MVR.

It is the companies' responsibility to verify driving records and assess the points in accordance with our company safety driving policy.

PORK

E Wart · August 2005

You are fine as long as ALL people with this job requirements are truly needed to drive. (ie. You may have a "driver" and a "helper". "Helper" doesn't drive so wouldn't need license and shouldn't be required. You may want to talk with your liability/auto insurance agent to determine what your insurance company would require for someone to drive one of the vehicles you insure. (Such as charable violations within the last 3 years.) They might even help you provide a "Safe Driving COurse" to your employees... ours did years ago.
The other side of the coin is that you might have to make accommodations. Such as you may have an applicant that has a medical condition that prevents him from driving, but he can do all other parts of the job. If reasonable, you would have to consider this and just make sure he isn't every assigned the "delivery" part of the job.
E Wart

atrimble · August 2005

[font size="1" color="#FF0000"]LAST EDITED ON 08-12-05 AT 02:16PM (CST)[/font][br][br]We have the driver license requirement for almost all our employees, because any one of us may need to "drive in the performance of duties" or be permitted to use a company car for personal reasons. If an applicant is hired and we discover they don't have a valid license, we don't allow them to drive until the licensing situation is remedied. If an employee loses driving rights, they're also prohibited the same way. If we catch them driving on the job, they would be terminated.

Regarding employees who cannot perform an "essential job function" because they can't drive, it hasn't yet been an issue, as usually another employee can do the driving, or we move the restricted employee temporarily into a non-driving capacity so that nothing they do requires driving.

>edit: I do ask job applicants *whether* they're licensed, but I don't risk asking for *proof* for fear of accessing gender and date of birth info (discrimination complaint prevention). Only after we offer the job do I ask to see the license. I'd think it would be difficult to monitor whether all applicants provide proof of possession of any item. Could you require all applicants for a position to have safety goggles and steel-toed boots before they're hired? What happens if one applicant doesn't have what's requested?

LivindonSouth · August 2005

I suppose, literally, an employer could require this across the board regardless of the duties of the jobs. As long as it cannot be shown that the dismissal of applicants who do not have the license does not result in a disproportionate number of rejections from among one or more protected categories. It would make no more sense than requiring ownership of red-blazers, but just as legal, otherwise.

Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.

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