Which employers does the Illinois driver's license job posting law cover?
Quick answer
Any person or private entity with 15 or more employees in the current or preceding calendar year, its agents, and employment agencies (820 ILCS 75/10). From January 1, 2027, they may not say a valid driver's license is required in a job posting unless driving is an essential function and a business necessity, and then they must briefly explain why (820 ILCS 75/17).
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Law | 820 ILCS 75/17 (new) and 75/10, Job Opportunities for Qualified Applicants Act, amended by HB 4758 (Public Act 104-0776) | Official source |
| Effective | January 1, 2027 (Section 99) | Official source |
| Employer | Any person or private entity with 15 or more employees in the current or preceding calendar year, and any agent of it | Official source |
| Employment agency | Anyone regularly procuring employees for an employer, or work opportunities for employees, with or without pay, including agents | Official source |
| Driver's license | Any license or privilege to operate a motor vehicle issued under Illinois law | Official source |
| Penalty | Illinois Department of Labor: 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 (820 ILCS 75/20) | Official source |
| Last verified | October 22, 2026 | Astor Ventures |
How are the 15 employees counted?
The definition looks at the current or the preceding calendar year: if you had 15 or more employees in either, you are covered. The Act does not limit the count to Illinois employees in this definition, so multi-state employers should not assume they fall below it.
Are staffing agencies covered?
Yes. Employment agencies are covered on their own, regardless of size, and so are agents of a covered employer. If an agency posts a job for you, both of you should check the wording.
What if driving really is part of the job?
You can still require a license if driving is one of the essential functions of the posted job and a business necessity. In that case the posting must include a brief description of why a valid driver's license is required, for example that the role makes daily deliveries in a company vehicle.
Want it done in an afternoon? The Illinois driver's license job posting kit turns these rules into fill-in templates, a checklist and a tracker, with the official sources quoted. One-time payment, instant download.
What else do people ask?
Does it apply to public employers?
The employer definition names any person or private entity. It does not mention government employers.
Does it ban asking about a license in an interview?
Section 17 is about statements in a specific job posting. It does not address interviews.
What is the first penalty?
A written warning with 30 days to fix the violation (820 ILCS 75/20(a)(1)).
Is this legal advice?
No. General information only.
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