As more employers join the trend toward in-office attendance, the Fifth Circuit’s recent decision in Hayes v. GStek, Inc. provides further support for employers navigating disability accommodation requests in the context of return-to-office policies.
Remote Work Request Denied Under ADA
The case involved an IT systems administrator, Albert Hayes, who, after being required to return to in-person work post-pandemic, requested a full-time telework accommodation due to his disabled status, which included autism, major depressive disorder, and social anxiety disorder. GStek, a contractor for the U.S. Army, denied the request for full-time remote work, citing the Army’s determination that in-person attendance was essential for contract employees. Instead, GStek offered Hayes a partial accommodation, allowing him to work from home two to three days per week.
Hayes sued under the Americans with Disabilities Act (ADA), alleging failure to accommodate, disability discrimination, and retaliation. Both the district court and the Fifth Circuit dismissed his claims at the pleading stage, holding that Hayes had not established a prima facie case and that by allowing him to work remotely two to three days per week, GStek had provided a reasonable accommodation.
Key ADA Takeaways for Employers Managing Return-to-Office and Remote Work Requests:
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