Scales of Justice

Driver’s License Discrimination Is Unlawful

Effective January 1, 2015, AB 1660 will make it an unlawful practice under the Fair Employment and Housing Act (“FEHA”) to discriminate against an individual for possessing a certain type of driver’s license issued by the Department of Motor Vehicles (“DMV”) to individuals that cannot establish that their presence in the United States is legal.

Existing law requires the DMV to issue an original driver’s license to people who are not in the country legally if they’re otherwise qualified for the license. Cal. Vehicle Code §12801.9.  Under the FEHA, “national origin” discrimination will now include but is not limited to, discrimination on the basis of possessing a driver’s license granted under Section 12801.9 of the Vehicle Code.  Note, in addition to a violation of the FEHA, it is also a violation of the Unruh Civil Rights Act to discriminate against an individual for holding or presenting a driver’s license under this provision.