On May 8, 2026, the U.S. Court of Appeals for the Fifth Circuit ruled that temporary COVID-era telework did not permanently alter the essential functions of an on-site job and affirmed the dismissal of an employee’s claims under the Americans with Disabilities Act (ADA) because his need for full-time telework meant he was not a qualified individual.

Quick Hits

• On May 8, 2026, the Fifth Circuit upheld a lower court’s decision to dismiss a disability discrimination claim because the plaintiff could not return to work in person, which was one of the essential functions of the job.
• The employer satisfied its obligation to provide a reasonable accommodation by offering telework two to three days a week, which the employee rejected.
• The employee’s inability to perform the essential job functions defeated causation for purposes of his retaliation claim.

The plaintiff worked for GStek, Inc., a federal contractor, as an IT systems administrator at Fort Polk’s Army Network Enterprise Center. He originally teleworked during the COVID-19 pandemic but was required to return to in-person work in February 2022 when the U.S. Army and GStek transitioned away from remote arrangements. After returning to the office, the plaintiff was diagnosed with autism, major depressive disorder, and social anxiety disorder. He requested full-time remote work as a reasonable accommodation in October 2022, but GStek denied the request because the Army had begun to implement a return-to-work policy that...

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