Reserved Parking as Reasonable Accommodation
Question:
If an employer already has the required number of handicapped parking spaces for a facility, is it a reasonable accommodation for an individual to request that a particular designated parking space be reserved for that individual’s use only?
Answer:
Accessible, reserved parking may be a form of reasonable accommodation for a disabled employee under Title I of the Americans with Disabilities Act (“ADA”), particularly if an employer provides parking spaces to all personnel. However, any space reserved for an individual with a disability as an accommodation under Title I would be separate from, and in addition to, the employer’s handicapped parking obligations under Title III of the Act.
Title III of the ADA prohibits discrimination against persons with disabilities in places of public accommodation (e.g., retail stores, office buildings). Under Title III, places of public accommodation must remove architectural barriers where it is “readily achievable,” meaning easily accomplished without much difficulty or expense. The ADA Standards for Accessible Design, which are part of the ADA Title III regulations, set the guidelines for accessibility to places of public accommodation by individuals with disabilities. These guidelines (like the Illinois Accessibility Code) require a minimum number of accessible parking spaces per total off street parking spaces provided when parking is provided for employees and/or visitors. I am providing a link to a Fact Sheet from the Illinois Attorney General’s office that summarizes the parking standards. See http://www.ag.state.il.us/rights/accessible parking.html.
In contrast, Title I of the ADA prohibits discrimination against “qualified individuals with disabilities” in employment by businesses having 15 or more employees, or by State and local governments, in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment (arguably, such as access to the workplace from the parking lot). Specifically, under Title I, a person is considered disabled and, therefore, covered under the Act if they have a physical or mental impairment that substantially limits one or more “major life activities” (e.g., seeing, walking, learning, etc.), has a record of such an impairment, or is regarded as having such an impairment. A qualified individual with a disability is an applicant or employee who, with or without “reasonable accommodation,” can perform the essential functions of the job in question. The term reasonable accommodation includes making existing facilities used by employees readily accessible to and usable by individuals with disabilities unless to do so would cause an undue hardship on the operation of an employer’s business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.
Unfortunately, the ADA does not clearly address whether an accessible, reserved parking spot would be considered a form of reasonable accommodation for a disabled employee. However, regulations promulgated by the Equal Employment Opportunity Commission (“EEOC”) suggest that employers may be obligated to accommodate disabled employees in this manner if they provide parking spaces to all personnel. Under the EEOC guidance, employers are required to provide “modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position”; and . . . . “that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.” See 29 C.F.R. §§ 1630.2(o)(ii) and (iii). See also http://www.eeoc.gov/facts/accommodations-attorneys.html (EEOC Hypothetical Example 21 -- assigned parking necessary as accommodation when unassigned parking offered as benefit of employment). Of course, employers could also consider other forms of accommodation as well, such as valet parking, a closer workstation, or working from home.
Please note that the ADA may be open to differing interpretations on the extent of an employer’s obligation to provide accessible parking to an employee who is not otherwise entitled to a parking space. We are attaching the answer to a recent question we received in this regard in the event it applies to your situation.