When preparing to hire a full-time employee whose job duties will include visiting different facilities weekly, is it okay to state in the job description that a successful applicant must have reliable transportation and a valid driver’s license?

Generally speaking, a job description is a guide to help an employer identify who would perform well in a particular job. It should include a list of essential functions and spell out the necessary qualifications.

In this case, the employer will want to clearly spell out that weekly visits to other sites is an essential job function and that the job holder will be responsible for getting to those sites.

The employer may ask if prospective employees have reliable transportation. What the employer should avoid is requiring, or even asking about, is car ownership. The Equal Employment Opportunity Commission (EEOC) considers car ownership “financial information,” and while federal law does not prevent employers from asking about financial information, EEO laws do prohibit employers from illegally discriminating when using financial information to make employment decisions.

If driving is an essential function of the job, however, the employer may list holding a valid driver’s license as a requirement in the job description. It’s still a good idea to make the offer of employment before requesting to actually see the applicant’s driver’s license. The offer of employment may be made contingent on the applicant producing a valid driver’s license. The reason an employer should wait until an offer is extended before asking to see a job candidate’s license is that Title VII prohibits discrimination based on protected characteristics, including age, so it is unlawful to ask an applicant’s age or date of birth. Age discrimination concerns could arise if the employer requires an applicant to produce a driver’s license before a job offer is extended because a license discloses the date of birth.