How do you explain a driver's license requirement in an Illinois job posting?
Quick answer
From January 1, 2027, if driving is one of the essential functions of an Illinois job and a business necessity, the posting may require a valid driver's license but must include a brief description explaining why (820 ILCS 75/17). The Act does not define essential functions or business necessity, so tie the explanation to the job's real driving duties.
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Start date | January 1, 2027 (HB 4758, Section 99) | HB 4758 (enrolled) |
| Who | Employers with 15 or more employees in the current or preceding calendar year, their agents, and employment agencies (820 ILCS 75/10, 75/17) | HB 4758 (enrolled) |
| Rule | No statement in any specific job posting that an applicant must have a valid driver's license, unless driving is one of the essential functions of the job and is a business necessity (75/17) | HB 4758 (enrolled) |
| If a license is required | Include in the posting a brief description explaining why a valid driver's license is required (75/17) | HB 4758 (enrolled) |
| Driver's license | Any license or privilege to operate a motor vehicle issued under Illinois law (75/10) | HB 4758 (enrolled) |
| Not defined | Section 10 defines applicant, driver's license, employer, employment agency and employment; it does not define "essential functions" or "business necessity" | HB 4758 (enrolled) |
| Last verified | October 27, 2026 | Astor Ventures |
What does a compliant explanation look like?
The Act asks only for a brief description of why the license is required. Illustrative examples (our wording, not from the statute): "Valid driver's license required: this role drives a company van to customer sites every day." or "Valid driver's license required: you will transport patients in an agency vehicle." The point is to name the driving duty itself, not a general preference.
How much driving makes it "essential"?
The Act does not say. It sets two conditions together: driving must be one of the essential functions of the posted job, and it must be a business necessity. Before posting, check whether the job could be done without driving; if it could, the safest course under the text is to leave the license requirement out of the posting.
Does it apply to staffing agencies?
Yes. The rule covers employers and employment agencies, and both definitions include their agents (75/10). If an agency or job board posts for you, its posting must follow the same rule, so update the templates you send them.
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What else do people ask?
When does this start?
January 1, 2027.
Does it apply to every posting?
It applies to any specific job posting by a covered employer or employment agency (75/17).
What is the fine?
Penalties are enforced by the Illinois Department of Labor. See our Illinois driver's license job posting fine guide.
Is this legal advice?
No. General information only.
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