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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 29802
Experience:  Former judicial law clerk, lawyer
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Is it legal employer to refuse an employee a handicapped

Customer Question

Is it legal for an employer to refuse an employee a handicapped parking space?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today.

The Americans with Disabilities Act requires employers to make reasonable accommodations for persons with disabilities. That could mean giving the employee an accessible space, or giving the employee a reserved space near an entrance. Sometimes, when employees have a separate parking lot, a reasonable accommodation could mean providing transportation for disabled employees from the separate lot to the main office. But, generally, giving an employee who needs one an accessible space is going to be considered reasonable.

To request a space, the employee would need a note from a doctor stating what the employee's condition is and that an accessible space is needed. The employee can submit that documentation along with a letter requesting a "reasonable accommodation" under the "Americans with Disabilities Act." That's the language that lets the employer know it's illegal for him to refuse. If the request is denied, you can try having a local attorney submit a letter. Under the ADA, an employer who violates the Act can be required to pay an employee's attorney's fees associated with having the problem resolved.

You should also be aware that it's illegal for an employer to fire an employee for seeking to enforce their rights under federal law. Meaning that he can't fire you for filing a Complaint under the Americans with Disabilities Act.

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