Can a state decide its employees aren't covered by the ADA?

[jayjay]

We just got an email today from the Exec Director telling the employees of this state office that we can no longer use the handicapped parking spaces, even if we have a handicapped placard. Is there some sort of “employee exemption” to the ADA that would render state employees “non-handicapped”? Can they actually do this?

Thanks!

[pkbites]

@jayjay

We just got an email today from the Exec Director telling the employees of this state office that we can no longer use the handicapped parking spaces, even if we have a handicapped placard. Is there some sort of “employee exemption” to the ADA that would render state employees “non-handicapped”? Can they actually do this?

Your post is quite vague about the email. Was there no explanation as to why?

Who* is* allowed to use it?

[leahcim]

@pkbites

Who* is* allowed to use it?

I’d presume that the spots are for visitors to the office, and not for employees and this rule, while it may fall afoul of the ADA, is intended as a “employees should not fill up the prime customer parking” measure. Is that correct?

[Duckster]

Enacted in 1990 and amended in 2008, the Americans with Disabilities Act (ADA) established the rights of qualifying individuals with disabilities to have access to public parking spaces and building entrances. The website for all the conditions related to the Act is: www.ada.gov. Within the Act are federal regulations and guidelines for the establishment of reserved handicap parking spaces.

Every state and territory has established laws regarding the application process for and possession of vehicle handicap plates and placards plus any associated fees. Within the ADA the federal government defines the location, the number, and the size of handicap spaces in public and private parking lots.

What are Laws for Handicap Parking Spaces

What state are you in? What is your state’s application process for ADA?

I am unaware of any state prohibiting its own employees from the protections of ADA. And If a state attempted that, I would expect a state employee who is a person with a disability and possessing a valid disabled parking placard (or disabled license plate) would take the state to court, and win. Just because you may be a government employee does not restrict your rights under ADA.

[sitchensis]

I believe they would still have to provide reasonable accommodations for the employees, only I don’t think those would have to be as close/good as the visitor disabled parking if there is an employee parking area.

[jayjay]

The initial email went out from the Executive Director this morning, and one of the union stewards just sent an email out informing us that we need to make individual requests for accommodation for our specific disability. My union rep is currently seeking clarification as to who this needs to be requested of.

I’m in PA. The disability is a unilateral below-knee amputation (mitigated in part by prosthesis, but still covered by ADA). It’s a cramped property with far too few parking stalls for the staff, let alone the clientele.

Both my union (AFSCME) and the caseworker union (SEIU) have been consulting with their regionals today about this.

[OldGuy]

I’d be quite surprised if an employer/business could not designate some spots in a given parking lot (or an entire lot) for visitors/guests/customers only. And I’d think that if there were a number of such spots above some lower limit then the ADA would require that some of them would have to be handicapped spots.

This would not mean the employer would not have to make reasonable accommodations to an employee with a disability, but I wouldn’t think it would have to be a spot in the same lot/area as that for customers.

So my short answer to your question is yes they can probably do this conditionally. But I’m not sure on the exact conditions.