Legal Question in Disability Law in New York

Denial of handicap parking despite permit

I work for the NYS dept of corrections. I utilize a handicap parking permit. I am being told that I cannot use the permit as ''walking'' is required of me being fit for duty. I can walk...very well...but i cannot walk on a parkin lot full of holes, and ice in the winter. Be advised that daily, I find 1-4 cars in handicap spots with out any permits. A coworker even had her physician speak to the warden with out avil. Be advised that my work area ia approx 1/3 mi form where I have to park. I can perform my duties, but I don't feel I should have to put up with this discrimination. Our union...PEF....is ignoring our request for assistance.


Asked on 6/17/05, 1:29 pm

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Denial of handicap parking despite permit

Contact the NY State Division of Human Rights. (NYSDRA.com.)

They handle the initial investigation for both State and Federal law claims of discrimination.

You really should be certain that there is no alternative avenue within the union because you are required to exhaust all union remedies first.

Before the Division can take action there has to be an adverse employment effect. Keep this in mind. But they can supply information. Look at their web site.

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Answered on 6/17/05, 4:35 pm


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