Legal Question in Disability Law in Pennsylvania

Generally an employer must provide an accommodation to a disabled employee in the performance of the employee's duties. Providing parking spaces to employees is not part of the accommodations that must be made under the employment section of the law. Rather the public facilities section of the law is where the guidance comes in with regard to parking spaces. Generally a parking facility is a public facility and must provide access to that facility on a non-discriminatory basis. That means not only providing designated spots for handicap placarded parking but also charging the same rate as the non-handicap placarded spaces. Even if the facility charges a hierarchical fee for better parking spaces the handicap spaces should still be charged at the lowest applicable rate. Certainly not more than a space right next to that spot.

There is a potential claim here under the ADA. But let me make this clear, you cannot depend on this analysis because you have not provided enough facts to make a clear case one way or the other. I would be happy to take a closer look at the matter and the original poster should contact me if they would like to proceed.

Regards,

Roger