Disability and my sandals!

[PainDelux]

What is the name of your state? ILLNOIS

I just accepted a job to work at a new company. I have not started yet and just gave notice to my current company. The dress code depending on the day is business or business casual. I would have no problem with the dress code except I have a neurological pain condition going on for about 7 years that makes it painful for me to wear shoes because of the heat and pressure. I am in less pain when I wear sandals. That is a change in my life that affects my work and possibilities. (Chicago weather in winter time is great for my legs too! BTW). The pain is in a lot of other parts of my body but my feet are affected more. My old company was fine with it and I brought a note from my doctor asking for them to allow me to wear sandals and loose clothing. I talked with the recruiter about this at this new company and my need to wear sandals and she said, “This won’t make or break you.”

Let’s say that the higher floor manager does have a problem with my sandals even though I can do my job. Can I have any legal position in this to protect myself from being let go even for not following the dress code even though I would….if it weren't for my pain? I don’t feel I should go through torture to look good for them, but I do understand that appearance is important to appear professional. I am/was ambitious before this disorder started getting worse. I don’t want to start a job and be let go and have no job. PLEASE advise me if you know because I don’t know the details of discrimination against handicaps (and if this qualifies). I am trying to hold on to my life as best I can in the wake of this. Thanks.

 

[Beth3]

Why haven't you already discussed this with the new employer? You certainly should have before giving notice at your present job. That's the purpose of the interview process - so both parties can disclose all the particulars to ensure the job and work environment is a fit. The recruiter is not in a position to tell you whether non-compliance with the employer's dress code will be a problem.

I suggest you contact the employer on Monday and talk with them about your situation. No employer is pleased to be handed any potentially unpleasant surprises the first week on the job. ("I know you said the working hours are 8am - 5pm but I can't work past 4pm because I have to pick my kids up every day.") That kind of thing gets a new employee off to a very bad start.

Whether the ADA applies is unknown as each situation needs to be evaluated case-by-case. The definition of a disabilty in the ADA is a "medical condition with significantly impairs a major life function." If yes, then the employer has to enter into an interactive process with you to determine whether any reasonable accommodations are feasible.

Not knowing what type of working environment you're heading into (a manufacturing company where safety regulations require substantial footwear at all times?) it's not possible to say whether allowing you to wear sandals is feasible.

All I can tell you is that you need to discuss this with the new employer asap and preferably before you start the new job.

 

[PainDelux]

Disclaimer

Illinois

I talked with the recruiter about this at this new company and my need to wear sandals and she said, “This won’t make or break you.”

I did talk to the recruiter about my sandal before I accepted the job and I told her as a "disclaimer" so that they would not be surprised when I walked in or changed into my sandals. This was after she called me to get my final answer about the job offer when I told her that I needed to think about it.

 

[Beth3]

When you said "recruiter," I assumed you meant a third party who works with a placement agency. If that is the case, then the recruiter is not in a position to make any committments as to what is or is not acceptible under the employer's policy - ANY policy.

If you are instead referring to someone who works for the employer in their HR department, that's a different matter as he/she IS in a position to advise you on the company's dress code policy. If you still have concerns whether your proposed footwear is acceptible, then you need to have further discussion with them. Your new boss would be the most appropriate person to talk to.