Human Resource Blog

Designated Parking Space for Handicapped Employee

Local courthouse has handicapped parking spaces which are used by employees and general public (and are often full). Court reporter is parapalegic, but wheelchair mobile. She has to transport her equipment, evidence, transcripts, etc. in and out of courthouse everyday. She has requested a designated space, closest to the handicapped entrance. County administration has refused, saying it is not “fair to other employees with similar issues.” To my knowledge there are no other such employees with similar issues. ADA violation?

If the court reporter is genuinely an employee, then yes, the employer is required to make reasonable accommodations for her under ADA, the Americans with Disabilities Act. A reserved parking space might very well be a reasonable accommodation. The employers argument that this is not fair to other employees with similar issues is not valid… the employer is required to make reasonable accommodations for every disabled employee. If the employer fails to do so, employees can file a complaint with the EEOC at www.eeoc.gov.

When a specific accommodation is an undue hardship, the employer may suggest an alternative. In this case, allowing the court reporter to use a storage area for her equipment and transcripts might be a reasonable accommodation.

However, this holds true only if the court reporter is genuinely an employee. Many court reporters work as independent contractors, and as such are not entitled to reasonable accommodations by employers.