Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability of thousands of employees to work remotely during the COVID-19 pandemic. This has in turn created hurdles for employers seeking to bring employees back into the physical workplace while facing a barrage of accommodation requests under the Americans with Disabilities Act (ADA) to work from home.
The Fifth Circuit emphasizes the fact-specific nature of the reasonableness of an employee’s telework request.
Evidence of similarly situated employees successfully working remotely created a genuine issue of material fact regarding the reasonableness of the plaintiff’s remote-work request.
The Fifth Circuit’s recent decision does not resolve a circuit split regarding whether the ADA applies to an employee’s commute to and from work.
Evidence that employees successfully work remotely during the COVID-19 pandemic may make it easier to fend off summary judgment in reasonable accommodation cases.
In the recent unpublished decision, Montague v. United States Postal Service, the Fifth Circuit reiterated this “general consensus” but found there to be a genuine issue of material fact as to whether the plaintiff’s request to work from home could be a reasonable accommodation under the ADA.
The plaintiff, Dionne Montague, worked as a...
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