Can an Illinois trucking or delivery job posting still require a driver's license or CDL?
Quick answer
Yes, if driving is one of the essential functions of the job and a business necessity. From January 1, 2027 the posting must also briefly explain why a valid license is required (820 ILCS 75/17). The Act defines a driver's license as any license or privilege to drive issued under Illinois law, and covers employers with 15 or more employees and employment agencies.
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Start | January 1, 2027 (Public Act 104-0776, approved August 7, 2026) | ILGA bill status HB 4758 |
| 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 posted job and is a business necessity (75/17) | 820 ILCS 75/10, 75/17 (HB 4758 enrolled) |
| Explanation | If a job requires a valid driver's license, the posting must include a brief description explaining why (75/17) | 820 ILCS 75/10, 75/17 (HB 4758 enrolled) |
| Driver's license | Any license or privilege to operate a motor vehicle issued under the laws of Illinois (75/10) | 820 ILCS 75/10, 75/17 (HB 4758 enrolled) |
| Who is covered | Employers with 15 or more employees in the current or preceding calendar year, their agents, and employment agencies (75/10) | 820 ILCS 75/10, 75/17 (HB 4758 enrolled) |
| Penalty | First violation: written warning and 30 days to fix; then up to $500; then up to $1,500; then up to $1,500 for every further 30 days without compliance (820 ILCS 75/20) | 820 ILCS 75/20 |
| Last verified | November 1, 2026 | Astor Ventures |
What should the explanation say for a driving job?
The Act asks only for a brief description of why a valid license is required. One sentence tying the license to the core duty is the simplest form, for example: "This role drives a company truck on daily delivery routes, so a valid commercial driver's license is required."
What if driving is only occasional?
The exception needs both conditions: driving is one of the essential functions of the posted job and a business necessity. If driving is occasional or a convenience, the exception may not apply, so a license requirement in that posting is a risk.
Does the rule cover interviews or hiring decisions?
Section 17 speaks only about statements in a specific job posting. The bill as introduced also covered hiring decisions, but House Floor Amendment No. 1 removed that language before it passed (ILGA bill status).
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What else do people ask?
When does it start?
January 1, 2027.
Who enforces it?
The Illinois Department of Labor investigates; penalties can be recovered with the Attorney General representing the Department (75/20).
Is a commercial license treated differently?
The definition covers any license or privilege to operate a motor vehicle issued under Illinois law; the Act has no separate rule for commercial licenses.
Is this legal advice?
No. General information only.
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