To Be or Not To Be?

Ok! We have an ee who requested a handicapped parking space, has the documentation showing she has sticker in her file. The problem is she now has decided it is too much trouble to have to park in the front of the building where our HC spaces are and to be let out by supervisor in the evening. Ee also would be limited to this exit for breaks and lunch times as this is our designated HC entrance. Question...can she now that we have the doc. for HC parking, rescind her request or just decide to use it when it is convienent for her. Do we have any liability knowing she does qualify for HC parking, gave her the spot but know she is not using it?

Thanks for any input!!

Comments

  • 6 Comments sorted by Votes Date Added
  • I do not think it would be a good idea to force her to use the handicapped parking space. I'm sure there are many people with handicapped stickers that use them only when they need to. Some days are better than others. You could always move a handicapped space to a more convenient exit. On that note why do handicapped people only have one entrance? They can't use them all? It sounds like this ee never had a problem exiting a closer exit, so why not give her a more convenient spot?
  • >I do not think it would be a good idea to force
    >her to use the handicapped parking space. I'm
    >sure there are many people with handicapped
    >stickers that use them only when they need to.
    >Some days are better than others. You could
    >always move a handicapped space to a more
    >convenient exit. On that note why do
    >handicapped people only have one entrance? They
    >can't use them all? It sounds like this ee
    >never had a problem exiting a closer exit, so
    >why not give her a more convenient spot?

    The reason for the specified space is our front lot has a ramp and no stairs. The other entrances have gravel lots and stairs. The one specified is the safest and designated for those reasons.
    Thanks

  • That is the question! You certainly don't have any liability if she decides not to use the spot you have provided. Without knowing her disability (does it affect her differently on different days, etc?), she may have a valid reason for using it sometimes and not others. Her prerogative on this one, although if you are short of parking spaces and this one goes unused most of the time, I'd try to work with her to see what can be done.
  • Whether 'tis nobler... to park in the front or the back. Still not know the disability, but knowing now that the handicapped lot is safer, maybe there could be a liability if the ee did not park in the handicapped lot. If the person has mobility problems, walking in gravel and negotiating stairs could be dangerous.
  • Once the employer complies with the ADA in it's accessibility program and the applicant is provided with adequate/safe access and a parking spot, the employer is under no greater liability if she hurts herself than it would be if any other employee fell in the gravel or on the steps. You cannot and should not try to require that she park there or use the ramp entrance. Nobility is not an issue, unless you should be called upon to assist her if she does fall. Just my opinion, obviously.
  • Of course the "To be, or not to be..." soliloquy is talking about suicide. Is it "nobler in the minds of men" if one faces their problems or just puts an end to it all by parking where they want to. Or, use a firkin.
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