Remember when half the workforce went home in 2020 and, somehow, the work still got done? Employees remember, too, and many have used that history as ammunition today when employers ask them to return to the office. If an employee teleworked successfully for two years during COVID-19, the argument goes, doesn’t that prove they can perform their job’s essential functions remotely?
The 5th Circuit thinks not. In Hayes v. GStek, Inc., the court affirmed dismissal of an employee’s Americans with Disabilities Act (ADA) claims, concluding that his need for full-time telework meant he was not even a “qualified individual” under the statute — pandemic history notwithstanding. Here’s what happened and what it means for your own return-to-office and accommodation decisions.
Albert Hayes worked as a contract IT systems administrator for GStek, an Army contractor, at Fort Polk. Like many other employees, he teleworked during COVID-19. When the Army and GStek ended remote work in February 2022 and required him to return to the office, Hayes was diagnosed soon after with autism, major depressive disorder, and social anxiety disorder.
In October 2022, Hayes asked to work from home full-time as a disability accommodation. GStek’s project manager initially thought that could work. But the Army, which had contractual authority over whether GStek’s on-site contractors could telework, said no, full-time telework “would not be in the best interest of the organization.”...
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