Legal Question in Disability Law in New Jersey
Handicap Parking
Our corporation recently instituted a Handicapped Parking Policy that restricts the use of designated Handicapped parking spaces in the parking garage to those that the Corporation deems Handicapped. (See following: "Only employees with a current, BASF-issued pass placed visibly on the dashboard of their vehicle are permitted to park in the slots labeled "Handicapped" in the BASF parking garage.
It should be noted that these special parking passes are granted to employees based on current need and are not issued to be permanently affixed to their vehicles. Therefore, state automobile licenses with a handicapped symbol are not sufficient in themselves to allow an employee to park in a handicapped spot in the BASF parking garage.")
We have a number of employees in the Corporation who have been issued State permits for handicapped parking. Is this a violation of the ADA Act? When employees have approached the medical department regarding this policy there have been attempts to intimidate and dissuade them from utilizing their rights as Handicapped individuals/
1 Answer from Attorneys
Handicapped Parking
The Americans With Disabilities Act does not replace or supersede state law. If your State has granted you a handicapped parking sticker, you should be able to park in designated handicapped spaces. I take it the honchos have close parking spaces to the building, as in the usual corporate parking lot? In any event, you should all get together and approach them en masse, even if there are two or three of you in the masse, and demand accomodation under BOTH the ADA and the New Jersey State law that granted you the disability parking permit. It seems to me it would be frivolous of the company to assert it could not reasonably accomodate persons designated by the NJ Motor Vehicle Bureau as qualified handicapped parkers.
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