ADA

Nick Ogden

Does an employer have to provide a "handicapped" parking space for an ADA employee?
Do we also have to provide a "handicapped" parking space for anyone, employee or customer. This would be at our corporate offices.

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 03-11-03 AT 08:06PM (CST)[/font][p]]

Regarding providing parking for customers, public and employees with disabilities, Title III of ADA, is under the jurisdiction of the Deparmtent of Justice as a public accommodation or as part of a "barrier removal" for accessibility. The DOJ has issued guidelines in what is called the ADA Accessibility Guidelines for Buildings and Facilities (ADAAG). It's not an area that I am totally familiar with, but as I understand it "handicapped parking" has to be readily accessible and usable by people with disabilities (its the same general requirement for having entrances, restrooms, water fountains, etc, accessible to people with disabilities).

Your local governmental entity, city, county and/or state may also have its own laws about what a busness must do to provide parking for people with disabilities.

As I understand it, if you provide self-parking for customers or the employees, normally you need to have parking spaces dedicated to people with disabilites ("handicapped parking) be about 2% of the spaces for all parking. The spaces have to bee appropriately wide enough (I think something like 8 feet and have some allowance for vans and large doors and lifts, etc) and be properly marked as restricted for disabled only use (with proper sticker usually issued by the state motor vehicle department).

The ADAAG document can be found at [url]http://www.access-board.gov/adaag/html/adaag.htm[/url]

Theresa Gegen TX

For the disabled employee, I suggest you provide a parking space. There is atleast one case where an employee requested a disabled parking space (in a shaded area) because the heat and distance to walk caused her condition to worsen. The employee refused (probably because that parking space was assigned to a high level manager).

Eventually, the employee's condition got so bad that she could no longer work. She sued and one of her claims was that the employer refused to accomodate her disability. She won lots. So is it worth the risk, when you can provide the space?

Nick Ogden

Thanks for the suggestions and the web address.
Nick

Gillian

This one reminds me of an Affirmative Action Audit that I helped a client with some time back. The first thing that the auditor said to me was "I have already found a problem, you don't have a handicapped parking space in front of the building." She was right, so I called maintenance and told them that I would call them just before the auditor left and asked them to have someone painting the space as she walked by. We were friends from that point on - at least as close to being a friend as you can be with an OFCCP representative.

Nick Ogden

Good move; I'm on it as we speak.
Nick