Reserved parking spaces

[Derest12]

What is the name of your state (only U.S. law)? California
I work in an government facility with the proper "parking spaces for disable" in the outside parking lot, , I recently received an "disabled person placard" , in the interior parking lot there are four "reserved parking spaces" for the only four employees that present some disabilities,
When I requested my "Reserved parking space", I was denied I was told I only can use the "designated disabled parking spaces" in the outside parking lot.
Management created this practice, and applied it to four of my co-workers, but they are not accepting my request. what are my chances and venues to do something here, Is this a discrimination or not? Can I challenge this?

 

[justalayman]

is it discrimination? Hell ya.


Is it illegal discrimination? No.


what would you argue; you are more handicapped than those allowed to use those spaces? An employer can require personnel to park in a specific area.

 

[BigMouthWino]

You may; however, have a claim that the employer or landlord does not provide sufficient disabled parking for the number of disabled persons working at the premises.

There are attorneys that specialize in ADA representation. Have a couple of free consultations and determine whether or not you have a case. (Hint: You'll know you have a case if one of the attorneys agrees to take you on contingency.)

 

[justalayman]

You may; however, have a claim that the employer or landlord does not provide sufficient disabled parking for the number of disabled persons working at the premises.
.)

that is usually easily found in local ordinance or within the ADA guidelines. It shouldn't require an attorney to locate those. In fact, I bet you could find them wino. Why not give it is shot.

 

[BigMouthWino]

that is usually easily found in local ordinance or within the ADA guidelines. It shouldn't require an attorney to locate those. In fact, I bet you could find them wino. Why not give it is shot.

Sufficient information is not provided (i.e. number of employees, parking spaces, distance to the building, etc.).

This is a matter that OP can have evaluated by competent counsel to determine whether or not a claim exists. That is the best course of action and my advice to OP is to proceed in that manner.

 

[justalayman]

Sufficient information is not provided (i.e. number of employees, parking spaces, distance to the building, etc.).

This is a matter that OP can have evaluated by competent counsel to determine whether or not a claim exists. That is the best course of action and my advice to OP is to proceed in that manner.

you fail to impress me wino:




column 1: Total Number of Parking Spaces Provided (per lot)

column 2: Total Minimum Number of Accessible Parking Spaces (60" & 96" aisles)

column 3: Van-Accessible Parking Spaces with min. 96" wide access aisle

column 4: Accessible Parking Spaces with min. 60" wide access aisle

1 to 25 1 1 0
26 to 50 2 1 1
51 to 75 3 1 2
76 to 100 4 1 3
101 to 150 5 1 4
151 to 200 6 1 5
201 to 300 7 1 6
301 to 400 8 1 7
401 to 500 9 2 7


all the superfluous information you mentioned is, well, superfluous.

 

[BigMouthWino]

you fail to impress me wino:




column 1: Total Number of Parking Spaces Provided (per lot)

column 2: Total Minimum Number of Accessible Parking Spaces (60" & 96" aisles)

column 3: Van-Accessible Parking Spaces with min. 96" wide access aisle

column 4: Accessible Parking Spaces with min. 60" wide access aisle



1 to 25 1 1 0
26 to 50 2 1 1
51 to 75 3 1 2
76 to 100 4 1 3
101 to 150 5 1 4
151 to 200 6 1 5
201 to 300 7 1 6
301 to 400 8 1 7
401 to 500 9 2 7

all the superfluous information you mentioned is, well, superfluous.

Fine as you can tell from my signature you fail to impress me as well. You enjoy assuming facts and giving advice based upon assumptions. When a free ATTORNEY'S advice is available to an OP this beats this forum anytime, any day hands-down.

You are, after all, "justalayman." Go lay some bricks or something.

 

[OHRoadwarrior]

OP has failed to mention what criteria is normally used, for the coveted inner sanctum parking lot.

 

[Ozark_Sophist]

OP needs to present request as a request for reasonable accommodation under the ADA.

 

[justalayman]

OP needs to present request as a request for reasonable accommodation under the ADA.

they have been given one; park in the HC spaces in the outer lot.


So far the OP has not indicated that is actually a problem and I can find nothing requiring an employer to create an additional parking space simply so the HC party can be closer to the door. If there are not adequate spaces to allow a HC employee to utilize a HC space, then a reasonable request would be to create additional HC spaces. It does nto appear a shortage of HC parking spaces is an issue in this situation. Just that they are not allowed to use the closer spaces.

 

[Beth3]

What is the name of your state (only U.S. law)? California
I work in an government facility with the proper "parking spaces for disable" in the outside parking lot, , I recently received an "disabled person placard" , in the interior parking lot there are four "reserved parking spaces" for the only four employees that present some disabilities,
When I requested my "Reserved parking space", I was denied I was told I only can use the "designated disabled parking spaces" in the outside parking lot.
Management created this practice, and applied it to four of my co-workers, but they are not accepting my request. what are my chances and venues to do something here, Is this a discrimination or not? Can I challenge this?

You have a handicapped placard and they have handicapped parking spots available. Your employer is comply with State and federal law. If they chose to give several other handicapped employees inside parking, there's nothing illegal about that. Could be there's no more spaces available in the inside parking lot (which I'd guess is quite likely) and there just happened to be some when these folks presented their handicapped placards. I don't see any illegal discrimination here.

 

[Derest12]

Hi, thanks for all your responses:

I have been diagnosed with “Osteoarthritis” in both knees, I am using knee braces to walk and a crutch when is need it,

To be more specific: one person has a “disable license plate”, one has a “Disabled person placard” like me, and the other two only have a Dr’s letter specifying there limitations,
The criteria is: all of them just presented a Dr’s letter to get their “reserved space”

I have a “disabled person placard” , “Dr’s letter”, and the only one interviewed by Human Resources Person, and I was denied.

Mr. Justalayman stated it is discrimination but no illegal, so is “the legal discrimination” possible and not to be challenged?

To the law, to the ADA, at least in California State, I am legally disabled, I have the same rights of the other 4 disabled persons in the group, why has to be treated differently?

And, yes, I know that they comply with the disabled parking spaces rules, but they decided no to use them for their disabled employees, they created “reserved spaces” inside and allowed them to park there, except me.

 

[OHRoadwarrior]

Ahhh poor baby, you just don't feel special. The law gives you no right to demand to park in the same parking lot, as long as handicapped spaces are available. BTW, I have been disabled over 2 decades, so don't come barking up my door. The law does not require they give you the parking space you want. If you want the space, sue your employer for it. They obviously do not feel your disability warrants additional treatment. You have not once referenced an additional hardship created by your disability, only that they got, so you want it.

 

[justalayman]

Mr. Justalayman stated it is discrimination but no illegal, so is “the legal discrimination” possible and not to be challenged?

everything you do is based on discrimination. You chose to wear the blue shirt instead of the tan one today. You chose to turn left instead of right because that route presented with less traffic. You chose to by a BMW instead of a Mercedes because you like the little Mercedes logo better.

Every choice you make is discrimination. It just isn't illegal discrimination.


Now that you have added information, that could very well change with your situation though. The folks with just a letter from their doctor is not adequate to allow them to park in an "official" (in other words: a legally designated space that fulfills the requirements of size and marking) handicap parking space. Either they have a plate or a placard or their actions are illegal.

To the law, to the ADA, at least in California State, I am legally disabled, I have the same rights of the other 4 disabled persons in the group, why has to be treated differently?

and so are the others (at least those with plates or placards). Since you are all disabled, the discrimination is not based on your HC status so it is not illegal. An employer can require employees to park in designated areas. The only exception I am aware of is when a person requests accommodation under the ADA. If you qualify for such an accommodation, the management would be required to provide a space closer to the building. If you are incapable of walking the greater distance or it is overly burdensome, I suspect you would have a valid justification for an ADA accommodation.

The thing about an ADA accommodation is they would not be required to provide a HC space necessarily but one that provides the accommodation you require. That could be any space that is as close as the HC spaces with the same access to the building. They would have to assign it for your use so you could use it as you need but it would provide the same benefit as the closer HC space.

 

[OHRoadwarrior]

What justalayman said in basic terms is what I did. You want an accommodation, they do not feel you need/deserve. If you want it so bad, sue them for it.