Fifth Circuit: When Telework Isn’t a Reasonable Accommodation
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. 0:00 7:05 Quick Hits On May 8, 2026, the Fifth Circuit upheld a l ower 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. Factual Background The plaintiff worked for GStek, Inc., a federal contractor, as an IT systems administrator at Fort Polk’s Arm...