Does Your Employer Need to Know Why You Need Handicap Parking
What To Practise If Your Employer Doesn't Have Enough Disabled Parking Spaces
Providing acceptable parking for people with disabilities isn't only a good business practise for your employer, it's the law. Parking is ane of the most visible displays of disability accessibility in the United states. How many disabled parking spaces your employer provides for you isn't but a courtesy, it's regulated by the Americans with Disabilities Act (ADA). That'south why it's important to know your rights equally an employee when information technology comes to disabled parking spaces.
The number of spaces delegated to adjust both employees and customers is a balancing act not every employer tin perform successfully. If you're concerned near the number of disabled parking spaces your employer has, it'due south important to know your rights and to understand what you can do if they're not complying with the police.
Your Right to Piece of work
The ADA makes it illegal for a disabled person to be discriminated against as an employee. It also makes it illegal to discriminate against those with disabilities when providing local and state government services, transportation, telecommunication, and public accommodations.
Who does the ADA protect? If you're are qualified to perform a job and you are disabled – i.e. you take mental or physical impairments that limit major life activities – and then the ADA protects you from beingness discriminated confronting due to your disability.
When working at your chore, you must exist able to perform the essential duties of the task without accommodation, simply reasonable accommodations to your work environment, such as access to disabled parking, are your correct as well.
Legal Requirements of Employers
While the ADA does specify that employers must provide reasonable accommodations to employees with disabilities and so they may access benefits of employment, such as parking, information technology doesn't specify exactly how far an employer has to become to fulfil it.
If your employer doesn't provide parking as a benefit of employment, then they also don't have to provide you with a disabled parking space to follow the constabulary. Of course, your local and country government may have fabricated some provisions outside of this federal law, so information technology's best to check with land and local agencies to know your rights. In Connecticut, Vermont, and New York, for case, employers may need to provide parking accommodations even if it'southward not a benefit to other employees.
If your employer does provide parking, then they must provide a certain number of spots for disabled parking, depending on how large the parking lot is. Lots with 25 or fewer spaces need only provide one disabled parking infinite to meet the requirements of federal law. Lots with 25 to 50 spaces must have 2 disabled parking spots, and so on.
If You lot Have a Disabled Parking Allow
You may find yourself in a situation where you have a state-issued disability permit, just your employer does non provide parking as a benefit of employment – but they exercise offer parking to customers. In that case, do they have to allow you to park in customer parking?
Nether the ADA, your employer does not have to allow you to park in the customer lot. It doesn't matter if yous have a state-issued disabled parking permit or not – though you may want to check with state and local agencies to make sure.
The reason behind this is that the ADA requirements of a disability are unlike than qualifications for a parking permit. Also, employers likely aren't required by law to allow whatever employees to park in customer parking. If no employees are allowed to park in customer parking, and then there's a skilful chance your disability parking permit won't brand a difference – it'due south simply not a reasonable accommodation your employer has to brand.
What If Your Employer Won't Meet the Requirements?
When your employer is looking to adjust your disability under the ADA, they should expect at each case individually. It'southward their responsibility to discover out what y'all need and how to reasonably provide information technology for you in order for yous to do your task. If parking is something they offer other employees, then it should be offered to you besides.
If you remember your employer is non making reasonable accommodations for you nether the ADA and y'all feel discriminated against due to your inability, you should contact the U.South. Equal Employment Opportunity Commission. Y'all unremarkably have 180 days to file later the declared bigotry has taken place. Bank check with your state and local government offices also, since they may have a dissimilar timeline under which to file to provide y'all relief.
Whatever fourth dimension you feel as if you aren't having your disability accommodated in a reasonable manner, the best thing to do is to discuss it directly with your employer. If they don't take action, achieve out to the channels provided to you under the law.
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Source: https://drhandicap.com/insights/employer-doesnt-enough-disabled-parking-spaces/
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