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The Human Rights Code says employers must not use application forms or ask questions of job applicants, which directly or indirectly ask them to give information about a “ground of discrimination”. For example, asking for information about a driver’s licence, when it may not be an essential duty of the job, may prevent or discourage someone from applying for a job - such as a person with a disability who is limited in their ability to drive. Also, asking a job applicant to provide a photocopy of their driver's licence would reveal information about the applicant's age,
An employer can ask about a driver’s licence if driving is an essential part of the job. Applications for these jobs may include a statement about the need for successful candidates to prove they have a valid driver's licence. The statement could say something like:
- I understand that if this position requires a valid driver’s licence, proof will be required after hire, or
- Some positions require the successful candidate to have a valid driver's licence. The successful candidate would have to provide proof that s/he has a valid driver's licence when offered employment.
Some people are licensed to drive but, because of a disability, need to use a vehicle that has been modified. An employer would need to accommodate such a need, unless it would cause “undue hardship” to the employer.
For more information see our Policy on Requiring a Driver’s Licence as a Condition of Employment).