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P. Simmons
P. Simmons, Attorney
Category: Business Law
Satisfied Customers: 27157
Experience:  12+ yrs. of legal experience.
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I have a handicap placard, but my employer does not want to

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I have a handicap placard, but my employer does not want to provide me with a handicap parking place unless I give them access to my medical records. Can they do that? There are a couple of handicap parking spaces that fill up, but I was told "first come, first served". So far, I have gotten to work early in order to park close. The parking lot that I have access to is gravel and I am concerned with falling if I have to park there, not to mention it is painful to walk that far. What should I do?
Submitted: 4 years ago.
Category: Business Law
Expert:  P. Simmons replied 4 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Yes, the company can request you to allow them to inspect your medical records to help them (the company you work for) determine if they will provide you parking.

Of course, you are not required to provide this information.

But at the same time, the company can request this information and if you decline to provide the information, the company can consider this refusal as part of their decision to extend to you a particular parking spot.

BotXXXXX XXXXXne: if you refuse to allow them to review your medical records, they can refuse to grant you a specific spot.


Sorry to have to bear bad news.


Let me know if you have more questions


Customer: replied 4 years ago.

I thought that there were ADA regulations regarding providing handicap parking?

Expert:  P. Simmons replied 4 years ago.
There are, but your talking about a specific, assigned spot, correct?

If so, the company can demand they be allowed to verify the need.

Customer: replied 4 years ago.
Not really. I just want to be able to park close to the building that I work in. If I come to work on time, but not early, the handicap parking places are full.
Expert:  P. Simmons replied 4 years ago.
Understand.

The answer is the same...if you want them to assign you a specific spot, they can request that you show them proof of the need.

Again, sorry to have to bear bad news, but the company is within their rights to ask for this information.
Customer: replied 4 years ago.
I don't need a specific assigned spot. Just enough handicap parking that we don't have to fight to get a spot. Two places are not enough for as many people that need them.
Expert:  P. Simmons replied 4 years ago.
Ahh...that is a different question...tell me this, how many employees are at this company?

And how many "un assigned spots"
Customer: replied 4 years ago.
In total, over 10,000, but I work in a building that has several hundred employees. There are two open parking spots that I can get to. They have more that are in assigned lots that I don't have access to.
Expert:  P. Simmons replied 4 years ago.
thanks, XXXXX XXXXX moment please
Expert:  P. Simmons replied 4 years ago.
OK, under Title III of the ADA, an employer must make a reasonable accommodation for an employee...but the test of "reasonable accommodation" is done on a "case by case" basis.

So you can request a spot, and the company will need to make a "reasonable accommodation" based on this request.

But to determine if they need to make this "reasonable accommodation" they are allowed to know why you "need this"...so they can request the information that relates.

Now, this would not mean they get to look at your entire medical record...that would not be needed.

But they can request the information that relates to your need.

So you can provide them with the pertinent portions of your medical record...the part that relates to your need for the space...you do not have to give the entire record!

But you will need to give more than the "placard" issued by the state.


Let me know if you have more questions
Customer: replied 4 years ago.

Just to clarify . . . Does a company have to provide a certain number of handicap parking places based on the number of people who work there or is it by request? I don't have a problem with my doctor filling out a form, but the medical release form that they want me to sign is very open to what they can request.

Expert:  P. Simmons replied 4 years ago.
Yea, that is a very good question

You do not have to give them your entire medical file

but you do have to give them records to support your request.

The company has to provide spots as a "reasonable accommodation"...that is the key language...they have to make a reasonable accommodation to you.

Its not a specific # XXXXX spaces for employees (as opposed to the general public), but if they make parking available to employees, and you can show your request would be a "reasonable accommodation" the (the company) are requied to provide you parking.

Again, you will need to demonstrate the need.

SO you will need to give them the records to establish the need.

But you would not need to give them your entire medical history (unless its required to prove you need for the parking).


Let me know if you have more questions
P. Simmons, Attorney
Category: Business Law
Satisfied Customers: 27157
Experience: 12+ yrs. of legal experience.
P. Simmons and 7 other Business Law Specialists are ready to help you

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