Medical exemption from uniform shoes

Question: Our store requires dress shoes be worn as part of our uniform. An employee provided a doctor’s note stating that due to medical reasons she couldn’t wear dress shoes. Is this sufficient information or can we require more details as to why the employee can’t wear the shoes required?

Answer: Employers need to be cautious in approaching the medical issues of their employees, specifically where the employee has already provided medical information to verify a disability and the required accommodation for it. For example, based on the case law, it would likely be inappropriate to inquire into the specific diagnosis as to why the employee cannot wear the required shoes (apart from establishing a disability requiring the same) as this ventures into seeking the employee's private medical information without a reasonable basis for the request. However, it would not be unreasonable to inquire as to the specific details of the limitation as they impact the accommodation exercise, or whether there are additional, related restrictions faced by the employee that the employer should be aware of in fashioning an appropriate accommodation. The distinction is that the latter relates to specific information required by the employer to determine appropriate accommodation for the employee, while the former simply requests knowledge of the underlying cause (which, arguably, is not needed for the purposes of implementing necessary accommodations).

As there are a wide variety of what might be termed women's “dress shoes,” additional medical information could be requested to determine in what manner accommodation may be implemented. The information requested might, for example, relate to the type of accommodation necessary or the anticipated duration of the accommodation period. The employer may request details as to the effect of the disability, the parameters of the disability, or the reasons behind the accommodation suggested. As the restriction against wearing “dress shoes” is somewhat ambiguous, it would be reasonable to ask what specific types of shoes or shoe features represent a problem for the employee. The medical information requested should be directly and reasonably related to the employment relationship and the accommodation process, and a reasonable amount of time should be given to the employee to obtain the requested information.

This process may be accomplished by requesting an additional doctor's note or report as described above. However, an employer may also want to consider simply developing a solution with the employee's input, should enough information be available to do so. A helpful approach would be to actively work with the employee to find an appropriate accommodation. The law recognizes that the accommodation process is one that requires co-operative participation by both employer and employee. An employer might consider discussing the limitation with the employee to determine the limits of the medical issue and distill a solution on that basis. For example, the employer could discuss with the employee what types of shoes would be acceptable: Is the issue that the employee cannot wear heels, in which case other dress shoes may be appropriate? Are orthotics required? What other type of shoes might be acceptable as a part of the uniform? Is this a permanent restriction?

There is a wide variety of what might be termed “dress shoes” and it may be possible to find an acceptable solution for all parties with some effort on both sides. It is the responsibility of both the employer and the employee to work together to reach an acceptable accommodation, if it is reasonably possible to do so. The employee has obligations, including the obligation to communicate the disability, provide information to support her need for accommodation, and co-operate in the development of an accommodation plan.