Rethinking MVR Checks Under Illinois’ New Driver’s License Law
With Illinois enacting HB4758, effective January 1, 2027, human resources leaders should evaluate the law’s broader implications for hiring practices.
The new law prohibits employers from listing a driver’s license as a job requirement unless driving is both an essential function of the position and a business necessity. Illinois joins a growing number of jurisdictions that are removing unnecessary barriers to employment and expanding access to qualified candidates.
Although HB4758 does not directly address background screening procedures, it raises an important question: If a role does not justify a driver’s license requirement, should an employer conduct a Motor Vehicle Record (MVR) check at all?
What HB4758 Does Not Change
- MVR Checks Remain Permissible
HB4758 does not modify existing Illinois background screening laws. Employers may still obtain MVR reports as part of the hiring process.
- Driving Roles Continue to Warrant MVR Screening
For positions where operating a vehicle is a core responsibility, requiring a driver’s license and reviewing an applicant’s driving record remains a standard and legally supportable practice.
- Criminal Record Checks Are Unaffected
Employers may still discover driving-related offenses, such as DUI or OWI, through criminal record searches even when an MVR is not obtained.
Why Illinois Employers Should Reevaluate MVR Screening for Non-Driving Roles
Longstanding EEOC guidance provides that employment screening criteria should be job-related and consistent with business necessity. If an employer cannot justify requiring a driver’s license under HB4758, it may be difficult to demonstrate that an applicant’s driving record is relevant to the position.
Disclaimer: This communication is for general informational purposes only and does not constitute legal advice. The summary provided in this alert does not, and cannot, cover in detail what employers need to know about the amendments to the Philadelphia Fair Chance Law or how to incorporate its requirements into their hiring process. No recipient should act or refrain from acting based on any information provided here without advice from a qualified attorney licensed in the applicable jurisdiction.