Fifth Circuit Clarifies Limits Of Telework As A Reasonable Accommodation

At this point, employers’ obligation to make reasonable accommodations for certain employees under the Americans with Disabilities Act (ADA) is well-established. On May 8, 2026, the US Court of Appeals for the Fifth Circuit issued a decision in Hayes v. GStek, Inc., No. 25-30392 (5th Cir. May 8, 2026) that reinforces a key principle under the ADA: employers are often not required to offer remote work as a reasonable accommodation, particularly where in-person attendance is an essential function of the job.

The case involved an IT systems administrator employed by a federal contractor. Like many employees, he worked remotely during the COVID-19 pandemic. When the employer transitioned back to in-person operations in early 2022, the employee returned to the worksite. Later that year, following diagnoses that included autism and anxiety-related conditions, he requested full-time telework as an accommodation. The employer declined but offered a hybrid arrangement, permitting remote work