Employer parking laws for disabled permit holders is an interesting topic. Employers are legally required to provide reasonable accommodations for people with disabilities. But what constitutes a reasonable accommodation can vary depending on the specific circumstances of the business involved.
Millions of disabled parking permit holders in America drive to their place of employment and need to use handicap parking, so it is important that disabled drivers understand their rights and know the answers to some crucial questions. Can an employer deny handicap parking? Do employers have to provide parking for disabled employees? Does an employer have to accommodate a disability? Can a business restrict handicap parking?
Let’s find out the answers to all these questions and more.
What Law Deals With Workers’ Disabled Parking Rights?
The federal law that deals with the rights of people with disabilities, including workers’ disabled parking rights, is the Americans with Disabilities Act (ADA).
Does An Employer Have To Accommodate A Disability?
Yes, employers are legally required to accommodate employees with disabilities. Under the ADA, employers are required to make all reasonable accommodations to enable people with disabilities to work at their company or business.
Do Employers Have To Provide Parking For Disabled Employees?
Whether or not employers have to provide parking for disabled employees depends on whether they provide parking for employees generally. Employers are required to make all reasonable accommodations to enable people with disabilities to work. If an employer provides employee parking, then they will need to provide accessible handicap parking for employees with disabilities.
However, if the business does not have the facilities to provide employee parking, then providing handicap parking may not count as a reasonable accommodation.
Can An Employer Deny Handicap Parking?
An employer cannot deny handicap parking if providing it would be a reasonable accommodation. This means that if an employer provides employee parking, or is in a position to provide handicap parking, they cannot deny it.
Can A Business Restrict Handicap Parking?
A business cannot restrict handicap parking. If providing handicap parking is a reasonable accommodation, then a business is required to provide as much handicap parking as its disabled employees require.
Can A Business Request On-Street Handicap Parking Spaces?
In most jurisdictions, a business can request handicap parking spaces be installed near their premises. These spaces can be used by employees, though on-street handicap parking spaces cannot be reserved solely for employees, and would be available for use by any person with a disabled parking permit.
How Many Disabled Parking Spaces Are Required In Parking Lots?
The ADA requires parking lots to contain a certain number of handicap parking spaces relative to the capacity of the lot.
- Parking lots containing 1–25 spaces are required to have 1 disabled parking space
- 26–50 spaces – 2 disabled spaces
- 51–75 spaces – 3 disabled spaces
- 76–100 spaces – 4 disabled spaces
- 101–150 spaces – 5 disabled spaces
- 151–200 spaces – 6 disabled spaces
- 201–300 spaces – 7 disabled spaces
- 301–400 spaces – 8 disabled spaces
- 401–500 spaces – 9 disabled spaces
- 201–1000 spaces – 2% of total spaces must be disabled spaces
- 1001+ spaces – 20 disabled spaces plus 1 for each additional 100 spaces after 1000
If an employee parking lot requires more disabled spaces than the ADA stipulates, the employer is required to install those extra spaces.
What Are The Legal Requirements For Handicap Parking Space?
Handicap parking spaces must meet ADA requirements. This means that they need to be:
- Properly signposted with a sign that is at least five feet above the ground
- Located as close as possible to an accessible entrance to the building or amenity they serve
- A minimum of eight feet wide, with an aisle space adjacent that is a minimum of five feet wide (a legal handicap parking spot for a van must be at least 11 feet wide)
How Do You Get A Handicap Parking Permit?
The quickest and easiest way to get a handicap parking permit in your state is to have a telemedicine consultation with a qualified medical professional, who will verify your disability and complete an application form, which you can then submit to your local disabled parking authorities.
What Are The Qualifying Conditions For Handicap Parking?
The qualifying conditions for disabled parking vary slightly from state to state. But the following list of disabilities will qualify a person for a handicap parking permit in the vast majority of states:
- An inability to walk 200 feet without needing to stop to rest
- An inability to walk without the aid of an assistive device
- A heart condition classified as Class III or IV by the American Heart Association
- Lung disease
- Portable oxygen tank usage
- Legal blindness
- An orthopedic, neurological, or arthritic condition that hampers mobility