Legal Question in Disability Law in Florida

Disability discrimination handicap parking

I injured my left knee off the job in a slip and fall and my doctors tell me that I need knee joint replacement. I applied for and received a handicap permit. I am employed as a restaraunt server and park in one of several handicap spots closer to the building because the employee lot is a few hundred yards away. My manager has threatened to fire me for legally parking there, he claims that if I can do my job that I can walk to the employee lot. I am in constant pain but need to earn a living. Can I be fired or discriminated against while at work for parking in the handicap ?


Asked on 5/09/09, 10:25 am

2 Answers from Attorneys

Matthew Sarelson Sarelson & Shafir LLP

Re: Disability discrimination handicap parking

You likely have a case for discrimination, but I would need to discuss things further. Please email at [email protected] to speak further about this issue.

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Answered on 5/10/09, 10:39 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Disability discrimination handicap parking

Well, not for that -- but if you are an at will employee, perhaps for a different reason. You are taking the handicap spot intended for customers, which I suspect is the cause for his concern. I do see his point that if you can be on your feet all day (or evening) to serve people, it is hard to see why you can't walk the extra distance from the employee parking lot.

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Answered on 5/10/09, 5:42 pm


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