ADA
Nick Ogden
43 Posts
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.
Do we also have to provide a "handicapped" parking space for anyone, employee or customer. This would be at our corporate offices.
Comments
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]
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
Nick