Human Resource Blog

ADA - Handicap Parking

We have an employee who currently parks in a designated handicap parking spot. This employee is requesting to park closer to the building near a dumpster that has been off limits due to possible damage to cars from the garbage company. Do we have to let this employee park in this area?

No, you do not have to let an employee park where their car might be damaged, but you may very well have to make different arrangements for this employee. You are right to be concerned. If the employees car is damaged, you will be liable for it. Garbage companies are not known to show special care when cars are parked near the dumpster.

This question illustrates a basic principle in granting reasonable accommodations. It is seldom as simple as the employee asking for an accommodation and it being granted. Often, a conversation has to take place, to arrive at a reasonable accommodation. We will assume that this employee genuinely has a disability and a handicapped parking sticker.

A senior member of staff, preferably an HR person, needs to have a conversation with the employee. Explain that due to concerns about damage, you cannot permit the employee to park too near the dumpster. Try to get more specific information from the employee about the challenge the employee is trying to address by parking closer. Either offer the employee another solution (such as reserving the closest handicapped space for him or her) or ask the employee to suggest another solution. (Remember that any medical information disclosed in this conversation must be kept confidential, even from the employees supervisor.)

Another option would be to have your attorney draw up a release that the employee will hold you harmless for any damage to his or her car due to parking next to the dumpster. We do not recommend this tactic.