Summary At a Glance
- Effective January 1, 2027, Illinois employers and employment agencies with 15 or more employees will be subject to new limits on driver’s license requirements in job postings.
- License Requirements Are Limited. A valid driver’s license may be required only when driving is an essential function of the job and a business necessity.
- Postings Must Explain the Requirement. If a driver’s license is required, the job posting must briefly explain why it is necessary.
- Employers Should Review Current Practices. Job postings, templates, and recruiting practices should be reviewed to remove unnecessary driver’s license requirements and ensure compliance with the new standard.
Illinois employers should review their job postings and hiring practices ahead of a new law limiting the requirement for applicants to have a valid driver’s license.
On August 7, 2026, Governor JB Pritzker signed House Bill 4758 into law as Public Act 104-0776, amending the Illinois Job Opportunities for Qualified Applicants Act. The law takes effect January 1, 2027, and applies to employers with 15 or more employees in the current or preceding calendar year, as well as employment agencies.
Under the new law, an employer or employment agency may not state in a specific job posting that an applicant must have a valid driver’s license unless driving is an essential function of the job and a business necessity. When a valid driver’s license is required, the job posting must also include a brief description explaining the necessity.
For example, employers should evaluate positions for which a driver’s license has historically been listed as a standard qualification even though employees are not actually required to drive as part of their essential job duties. General requirements for a driver’s license should not remain in job postings simply because they have traditionally been included as part of a job template.
The Illinois Department of Labor (IDOL) is responsible for investigating alleged violations of the Job Opportunities for Qualified Applicants Act. Under the Act’s existing enforcement provisions, a first violation may result in a written warning and an opportunity to correct the violation, while subsequent or uncorrected violations may result in civil penalties.
Recommended Next Steps for Employers
Illinois employers should prepare for the January 1, 2027, effective date by considering the following steps:
- Review Job Postings and Templates. Identify job postings and standard templates that require applicants to possess a valid driver’s license. When a driver’s license is necessary, include a brief explanation in the posting describing why it is required.
- Evaluate Whether Driving Is Essential. Determine whether driving is an essential function of the position and whether requiring a driver’s license is a business necessity. Remove driver’s license requirements from postings that do not meet the new standard.
- Review Recruiting Practices. Ensure recruiters, hiring managers, and employment agencies involved in filling Illinois positions understand when a driver’s license requirement may be included in a job posting.
