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(1) Unless driving is one of the essential job functions or is related to a legitimate business purpose for a position, it is unlawful for an employer to:
(a) Require a valid driver's license as a condition of employment; or
(b) Include a statement in a posting for a job opening for the position that an applicant must have a valid driver's license.
(2) For the purpose of this section, "essential job functions" mean the core, fundamental tasks and duties that an employee must be able to perform to meet the requirements of their position. Factors that may determine whether a job function is essential include, but are not limited to:
(a) The extent that the function is a primary reason for which the position was established;
(b) Whether removing the function fundamentally changes the position or eliminates the need for the position;
(c) Whether transferring the function is not possible due to lack of available employees; or
(d) The extent to which severe consequences may occur if the position is not required to perform the function.
(3) For the purpose of this section, a legitimate business purpose is a valid reason in furtherance of the employer's operations and consistent with business necessity.
(4) For the purpose of this section, "posting" means any solicitation intended to recruit job applicants for a specific available position, including recruitment done directly by an employer or indirectly through a third party, and includes any postings done electronically, or with a printed hard copy, that includes qualifications for desired applicants. "Posting" does not include a solicitation for recruiting job applicants that is digitally replicated and published without an employer's consent.