Legal Question in Disability Law in Florida
My employer has a sufficient number of handicap accessible spaces in a lot reserved for job applicants and current employees, however they forbid employees with legitimate handicap placards from using the spaces unless they obtain a secondary private tag from the employer. To do so, they have to submit their original paperwork that came with their placard, even though their placard corresponds to their driver's license number and can be checked for validity and ownership. In addition, no mention of this rule is given in either the application process or employee orientation or training process. An employee's first notice is a written warning on their vehicle the first time they come to work and attempt to park in a handicap accessible space. They are warned that they must not park in those spaces again until they obtain the special tag. In a case where a disabled employee can not locate their paperwork, they are not permitted to park in accessible spaces until they can get replacement documents, putting them in the position of risking being terminated from employment during their initial probationary period for not coming to work/calling in, or having to park in spaces often quite a distance from their work location. When an employee's placard expires, they have to submit all of the paperwork again before they can return to work. Is this a violation of ADA laws or just an inconvenience (bad employer practice)?
1 Answer from Attorneys
Would be interested in discussing the details of this case with you. Feel free to contact me office to schedule a consultation.
Scott Behren