HR Q&A – Can We Ask Applicants if They Have a Car?

by Paul Devlin

Generally, it’s not recommended to ask applicants directly if they own a car or have a working vehicle, as this could be seen as discriminatory. Here’s some other tips related to this intriguing question.

  1. Questions about vehicle ownership may be viewed as probing into an applicant’s financial information, which could lead to disparate impact discrimination if not directly relevant to the job.
  2. Asking about vehicle ownership could potentially create a disparate impact on protected groups, such as racial minorities or individuals with disabilities.
  3. The Equal Employment Opportunity Commission (EEOC) advises that financial requirements for a job, including vehicle ownership, must be directly relevant to the specific job duties.
  4. If driving is not an essential job function, questions about vehicle ownership should be avoided during the interview process.
  5. Instead of asking about car ownership, employers can ask more general questions about reliable transportation, such as “Do you have reliable transportation to and from work?”
  6. It’s important to focus on the applicant’s ability to meet job requirements, such as punctuality and attendance, rather than their specific mode of transportation.
  7. Any questions about transportation or availability should be asked consistently to all candidates for a position.
  8. If driving is an essential job function, it may be appropriate to ask about a valid driver’s license and clean driving record, but this should be clearly related to job duties.

In summary, it’s generally not advisable to directly ask applicants if they have a car. Instead, focus on their ability to meet job requirements and arrive reliably and on time.

This Q&A does not constitute legal advice and does not address state or local law. If you’d like to see more questions like this login to the Mineral HR Resource Center  or ask your friendly APlus CSS for a login.

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