Final answer:
A requirement to have a valid driver's license can be a bona fide occupational qualification (BFOQ) if it is necessary for the job's core duties and is adopted for a legitimate business purpose. However, this must align with the Americans with Disabilities Act, and reasonable accommodations must be made for qualified individuals with disabilities, unless doing so would cause undue hardship to the business.
Step-by-step explanation:
Whether a requirement that an individual possess a valid driver's license is a bona fide occupational qualification (BFOQ) depends on the specific circumstances of the job. Under U.S. law, an employer cannot discriminate against individuals based on disabilities as per the Americans with Disabilities Act (ADA).
However, if possessing a driver's license is essential to the job's core duties and was adopted in good faith for a legitimate business purpose, such as when the position requires driving a vehicle as a primary responsibility, then it could be considered a BFOQ. The criterion must be necessary for the operation of the business or for the performance of the job. Employers must make reasonable accommodations for qualified individuals with disabilities unless such accommodations would result in undue hardship for the business.
It's important to note that hiring criteria premised on group memberships that are not essential to job performance is considered discriminatory. Therefore, if a driver's license requirement disproportionately excludes individuals with disabilities from employment and is not essential to the job, it may be discriminatory unless it falls under a legitimate BFOQ.