05-28-2026
Temporary telework offered by an employer during the COVID-19 pandemic does not preclude requiring in-person work as an essential function of a job under the ADA per the Fifth Circuit.
Albert Hayes worked for GStek, an Army contractor, as an IT systems administrator. During the pandemic, Hayes was allowed to work fully remotely from home. In February 2022, GStek transitioned employees out of telework and required Hayes to work in person. In May 2022, Hayes was diagnosed with autism, major depressive disorder, and social anxiety disorder. Hayes requested to return to telework under an accommodation and supplied a doctor’s note in support. The Army decided that full-time telework was not an acceptable option and informed GStek. Still, GStek allowed Hayes to work from home for two or three days a week. At some point, Hayes informed GStek that he needed to work from home full-time. GStek did not grant that request based on the Army’s directive.
Hayes sued GStek for failure to accommodate his disability and disability discrimination. To establish his claim, Hayes had to demonstrate that he was “qualified” for the position, i.e., that he could perform the essential functions of the position with or without accommodation. The Fifth Circuit Court of Appeals concluded Hayes was not qualified because he could not work in person, an essential function determined by GStek based on its business partner, the Army. The appellate court noted, “regular work-site attendance is an essential function of most jobs.” Moreover, temporarily modified working conditions set forth during the pandemic did not make telework a permanent option. Because he could not establish that he was “qualified” for the job, Hayes could not prevail on his failure-to-accommodate or disability discrimination claims. GStek had met its requirement to accommodate Hayes by allowing him to work two to three days at home. The company did not have to offer Hayes his preferred accommodation because it was a “change to the essential functions of his job.”
Takeaways: The Fifth Circuit Court of Appeals made it clear that employers are not permanently restricted by decisions made out of necessity during the COVID-19 pandemic. Any requests for accommodation are evaluated based on the essential functions set forth in an employee’s current job description.