For years following the COVID-19 pandemic, employers have been grappling with employee requests to continue working from home permanently and employee objections to returning to the office on a full-time or hybrid basis. A recent federal appeals court decision provides additional support for employers seeking to enforce in-person work requirements, including with respect to employees who request full-time remote work as an accommodation for a disability.
In Hayes v. GStek, Inc., the Plaintiff, an IT systems administrator for an Army contractor, was permitted to temporarily work remotely during the COVID-19 pandemic. However, in February 2022, the Army transitioned away from remote work and required employees of its contractors to resume in-person work. The Plaintiff, who was diagnosed with autism, major depressive disorder, and social anxiety disorder, asked that he be allowed to continue to work remotely as an accommodation for his disabling conditions. Although the Plaintiff’s employer, GStek, initially determined that he was likely to be able to continue to perform his job remotely, the Army concluded that allowing him to work remotely on a full-time basis would not be in its best interests. Consequently, GStek decided to allow the Plaintiff to work from home two to three days per week. He worked this hybrid schedule for approximately two months but then again advised GStek that “he needed to work from home.” GStek terminated the Plaintiff’s employment a few days...
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