From January 1, 2027, Illinois limits when a job posting can require a driver's license. Public Act 104-0776 adds the rule to the Job Opportunities for Qualified Applicants Act, the same law that sets when Illinois employers can ask about criminal history.
What changed
A covered employer or employment agency can require a valid driver's license in a job posting only when driving is an essential function of the job and a business necessity. The posting must briefly explain why the license is required.
In practice, a posting can no longer list a license by default for jobs that don't involve driving.
Who it applies to
Employers with 15 or more employees and employment agencies, which already follow the act's limits on criminal history questions. California has a similar rule, in force since January 1, 2025.
What employers should do
- Audit job postings that list a driver's license and remove it where driving isn't an essential function.
- Write the reason into postings that keep the requirement, for example "drives a company van to customer sites daily."
- Match screening to the posting. Order driving record checks only for roles where the posting justifies a license.
All Illinois background check rules for employers →
FAQ
When does the Illinois driver's license rule take effect?
January 1, 2027.
Does it apply to staffing agencies?
Yes. Employment agencies are covered along with employers that have 15 or more employees.