5th Circuit Rules Telework Isn't a Default Reasonable Accommodation: What Remote Workers Need to Know

The Fifth Circuit Court of Appeals has issued a landmark ruling that telework is not presumptively a reasonable accommodation under the Americans with Disabilities Act (ADA). The decision in Hayes v. GStek, Inc. serves as a critical reminder that in-person work remains an essential function for most jobs, even after the pandemic normalized remote work.

Case Background

Albert Hayes, an IT systems administrator for an Army contractor, was allowed to telework temporarily during COVID-19. When his employer required a return to the office, Hayes claimed overstimulation and was later diagnosed with autism, major depressive disorder, and social anxiety disorder. He requested full-time telework as a reasonable accommodation, supported by a physician's note. Although the employer initially considered the request, the Army client determined that full-time telework was not in its best interest. Instead, Hayes was offered a hybrid schedule, which he rejected, leading to his termination.

Court's Reasoning

The Fifth Circuit upheld the lower court's ruling that in-person attendance was an essential function of Hayes's job. Key factors included:

• The Army's preference for on-site work, which was deemed persuasive evidence of essential job functions.
• The employer's need for supervision and effective communication.
• The risk of opening the floodgates to telework requests that could damage client relationships.

The court emphasized that full-time telework is rarely a reasonable accommodation, and temporary pandemic-era solutions did not change the presumption that in-person work is essential.

Implications for Employers and Employees

This decision is a win for employers seeking to bring workers back to the office. However, it does not eliminate the need for individualized assessments of accommodation requests. Employers can consider factors like supervision, communication, and customer preference when evaluating telework accommodations.

For employees, the ruling underscores that remote work is not an automatic right under the ADA. Those seeking telework as an accommodation must demonstrate that it does not undermine essential job functions.

Key Takeaway

The pandemic may have normalized remote work, but the courts are clear: in-person work is still the default. Employers should document their reasons for denying telework accommodations, focusing on business needs and job requirements.