An employer can legally check a potential employee's driver's license record as part of a background check. This usually occurs in cases where an employer provides a vehicle for the employee's use, since illegal activities or reckless driving on the employee's part can be a liability for the employer.
Even if a potential employee will not have access to a company vehicle, many background check providers include motor vehicle records as part of a comprehensive background investigation. In many cases, driver's license records are only one element of a background check that might also include a credit check and criminal record check. Employees joining a new company should expect a background check that includes motor vehicle records, especially if it's a larger corporation.
Laws protect applicants against discriminatory hiring practices in some cases, but a motor vehicle record that indicates a history of reckless behavior; for example, multiple DUI charges or license suspensions, could cause an employer to pass on hiring an applicant because of concerns about unreliability. In this case, employment laws do not protect against the employer making a hiring decision based on motor vehicle records, as the decision is not based on a protected category, such as medical history.