Fifth Circuit Says 5-Day Telework Is Rarely Reasonable Under ADA
Updated
Updated · Employment Law Worldview · May 18
Fifth Circuit Says 5-Day Telework Is Rarely Reasonable Under ADA
1 articles · Updated · Employment Law Worldview · May 18
A May 8 Fifth Circuit ruling held Albert Hayes was not a qualified worker under the ADA because his IT job required in-person attendance and he said he could work only from home.
The court said COVID-era remote work did not alter the presumption that most jobs need on-site work, and treated the Army client’s opposition to full-time telework as strong evidence of essential job functions.
GStek had already allowed Hayes to work from home 2 to 3 days a week after he sought accommodation for autism, major depressive disorder and social anxiety disorder, but fired him after he said office time caused a breakdown.
The decision also said full-time telework is rarely a reasonable accommodation, citing supervision, communication and customer preference as legitimate factors employers may weigh in return-to-office disputes.
If your doctor says you need remote work, can your employer's client legally force you back to the office?
Are 'client needs' becoming a legal loophole for companies to deny reasonable accommodations?