Legal Question in Disability Law in Pennsylvania

Handicapped Parking

My employer said I should not park in designated handicapped spots as they are for visitors, even though I have a handicapped plate on my car. What is law regarding this in Philadelphia PA.


Asked on 1/21/08, 5:40 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Handicapped Parking

You asked about parking in a handicapped spot.

You are both right. Just having a handicapped placard on a vehicle is not license to park in a handicapped spot. 1) The person operating the vehicle must be handicapped and have no other licensed driver with them, and 2) the permit is subject to the needs and governance of the space owner.

Because you are an employee parking in an employer regulated spot the employer can restrict you from parking in a handicapped spot. The employer may be subject to make such other reasonable accommodation for you to park, but I wouldn't count on it. The employer must make reasonable accommodation for you to perform your job but I doubt that includes reasonable accommodation in arriving at work.

If you work at a retail establishment then I would more likely to determine against your position. If you work in other type of facility then the lot is likely distinguished by visitor and employee parking. The employer can designate an employee handicapped space.

This is not an issue to push. The employer can play this to the hilt and make things difficult and probably even fire you over this matter. You would be better advised to come to a happy medium. The employer can look at the circumstances and make an accommodation that would be acceptable, yet a real pain in the ass for you. Such as giving you a reserved spot by the dumpster out back, as long as it accommodated your disability.

Regards,

Roger

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Answered on 1/23/08, 1:29 pm


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