I had my license revoked due to 2 DUI convictions, the last was over 3 years ago. I still owe money to the sate (Michigan) & therefore haven't gone in front of the review board to petition to have my license reinstated yet. I'm in a "catch 22" situation... I need a job to get my license back, but it seems as tho I'm unable to get a job with out having a license.
I've interviewed a few places, & have seen job postings that require a valid license; although the position doesn't have anything to do with driving. Is this actually legal?
The larger legal question that you are asking is whether an employer may specify a requirement for a position that is not necessary for performance of the work. And the general answer to that question is "yes," private employers are generally free to specify the requirements for applicants for employment and not all such requirements are required to be related to the duties of the position. (There are some large exceptions to this general rule that are not raised by any facts in your post.)
There are any number of reasons for that general rule, including the value to the employer of maintaining a "flexible" and versatile workforce that can be reassigned and redeployed as the employer's needs and business requirements vary over time.
More specifically and practically, employer's sometimes specify requirements that "stand in" for less defined employee capabilities. So, for example, here in California, where public transportation is very limited, employers often specify the requirement of a driver's license in order to lessen the likelihood that the employer will inadvertently hire an applicant who will have chronic attendance or punctuality problems based on lack of private transportation to the workplace. The logic is imperfect to say the least, since possession of a driver's license does not necessarily indicate possession of a working car. But employment law does not hold employers to a high standard of logic or accuracy in many contexts and this is one of those. The employer's discretion to construct a workforce that reflects the employer's business judgment and plan for success in the marketplace is a core value in the employment law.
I agree with Mr. Haber that you should explore with the prospective employer whether a state-issued ID will suffice. The employer is free to disregard its own requirements for the position if it wants to so you may have success with that request if you are an otherwise desirable candidate for the position. I also recommend that you consult with a local criminal defense attorney to determine whether you qualify for state approval of limited driving privileges tied strictly to the hours and location of employment. Many jurisdictions offer such opportunities to persons who have lost driving privileges based on a criminal conviction.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
Many states offer non-driver identification cards. Find out whether that is the case in your state. If so, the law usually requires that the non-driver ID cards are sufficient for identification for anything other than operating a motor vehicle. I imagine that the purpose of asking you for a driver's license is simply to verify your identity. You might also bring with you to any interview your passport (if you have one), which might obviate the whole issue as to a driver's license.
Good luck to you.
Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies.
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