Shoe Me the Reasonable Accommodation!

When a dress code update clashes with an ADA accommodation, the courtroom might be the next stop.

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TL;DR: A federal court just refused to toss a cocktail server’s disability discrimination lawsuit against a well-known casino and resort. She had a medical condition requiring supportive shoes. The employer approved an accommodation—then later disciplined and fired her for wearing shoes that allegedly violated their uniform standards. Both sides moved for summary judgment. The court denied both motions, clearing the way for a trial.

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The Backstory: Heels vs. Health

In 2016, a cocktail server started working for the resort. Like her peers, she was expected to wear black high heels. But not long after, she asked to wear flats instead due to Achilles tendinitis and other foot issues.

Initially, the employer claimed they never got her request. But eventually, in 2019, she submitted medical documentation and received an ADA accommodation allowing her to wear “flats/good supportive shoes.”

She did just that—wearing Skechers-style black shoes—for more than two years without issue.

Then in late 2021, the company circulated a memo updating its shoe standards, complete with a list of prohibited footwear (including sneakers) and images of what was now considered acceptable under ADA accommodations. Her Skechers didn’t make the cut.

In early 2022, she was disciplined twice for violating the new appearance policy. Even after her doctor submitted a note reaffirming her need for supportive shoes and referencing the previous accommodation, she was fired for continued noncompliance.

She sued under the ADA and state law, claiming failure to accommodate, disability discrimination, and retaliation. The employer argued that the shoe policy was neutral and that she didn’t follow the procedure for updating accommodations.

The Legal Stuff (Without the Legalese)

The court denied both motions for summary judgment, finding:

• There’s a factual dispute about whether the employer continued to honor her original accommodation—or quietly rescinded it.
• The doctor’s note supporting continued use of her shoes might have been submitted before termination (plaintiff says yes, employer says no).

So the case is going to trial.

What Employers Should Learn From This

👉 Dress codes can be modified as a reasonable accommodation. According to the EEOC, if an employee’s disability necessitates a change in dress code, employers must consider modifying the policy unless it would cause undue hardship. Similarly, the Job Accommodation Network (JAN) explains that dress codes are workplace conduct rules that should be adjusted when required due to a disability—so long as doing so doesn’t create significant difficulty or expense.

👉 Honor accommodations unless you formally revoke or revise them. If you’re changing uniform or appearance policies, that’s your call—but it doesn’t mean existing accommodations magically disappear. Make sure employees understand what’s changed and how it affects their approved accommodations.

👉 Documentation matters—on both sides. You can request medical documentation to support an accommodation. That documentation can be used to assess whether the request is medically necessary and consistent with business needs. If an employee requests a change to the dress code, such as different footwear, and hasn’t provided documentation, the employer isn’t obligated to grant the accommodation.

The Bottom Line:
Yes, employers can revisit accommodations—but only with a clear process and proper documentation. If the employee can’t support the request, you’re within your rights to say no—but if you’ve already approved it, don’t yank it without documentation showing it now poses an undue hardship.