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ARTICLE · 10 OCTOBER 2013

Fifth Circuit Says Designated Parking Space May Be Reasonable Accommodation

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Employers should continue to engage in the interactive process with disabled workers who require or request accommodation, keeping in mind that requests that do not seem to relate to the employee's specific essential job functions may still need to be explored.

United StatesEmployment and HR
R. Michelle Tatum
R. Michelle Tatum
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Executive Summary:  The Fifth Circuit Court of Appeals has held that a request for a reserved, free on-site parking space could have been a request for a reasonable accommodation under the Americans with Disabilities Act (ADA) even though parking did not relate to the performance of the employee's essential job functions.  See Feist v. State of Louisiana, 2013 U.S. App. LEXIS 19133 (5th Cir. Sept. 16, 2013). 

In Feist, the plaintiff, a former assistant attorney general, requested a free on-site parking space because of a medical condition related to her knee.  Her employer denied the request, and Feist sued, alleging a violation of the ADA.  The federal trial court granted summary judgment in favor of the employer, holding that Feist failed to explain how the denial of the parking space limited her ability to perform the essential functions of her position.  Feist appealed, and the Fifth Circuit vacated the lower court's decision, finding it applied an incorrect

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