What Constitutes a Reasonable Accommodation

When an employee has poor attendance and claims that their attendance issues are related to their recognizable disability, what is the employer’s obligation to accommodate the employee?  If the employee seeks to work remotely 100% of the time is the employer required to honor that request as being a reasonable and necessary accommodation for that employee?  These questions and more often arise when an employer is presented with an employee who – often due to concerns about the employee’s job performance – requests a reasonable accommodation due to disability.  Employers know that they must engage in the interactive process with the employee and also know that they are not required to provide the exact accommodation requested, but one that will meet the employee’s needs and allow them to perform the essential function of the job. But how does this process work in real life?   

One wrinkle that often arises in the interactive process is the request by an employee for fully remote work.  Once a rare occurrence, remote work has become more commonplace after the COVID pandemic and the closure of offices and public spaces in an attempt to slow the infection rates.  Employers, in order to get work done during the height of the pandemic, allowed employees to perform their work at home and to not report to the office and this change in the approach to in office or in person work has lingered since the end of the pandemic. 

A recent case, Hayes v. GStek, No. 25-30392 (5th Cir. 2026), recently addressed this issue in the context of an IT systems administrator who worked for an Army contractor at Fort Polk.  Hayes had been previously been permitted to work remotely during and after COVID, but was required to return to in person work when the Army determined that it was not in its best interest to have contract employees work from home.  Upon his return to work, Hayes was diagnosed with autism, major depressive disorder, and social anxiety disorder and requested the ability to work remotely as an accommodation for his disabilities.  GStek initially attempted to accommodate Hayes by allowing him to work from home two to three days per week, but was ultimately pressured by the Army to have all employees return to in office work with no exceptions.  GStek then denied Hayes request based on the Army’s insistence that all contract employees be fully present in the office.    Hayes was then terminated due to attendance issues caused by a mental breakdown and he sued GStek under the ADA alleging failure to accommodate, disability discrimination, and retaliation.

GStek moved to dismiss Hayes’ complaint on the basis that it failed to state a claim.  GStek’s motion was granted and Hayes’ complaint was dismissed with prejudice.  In granting the motion to dismiss, the court found that Hayes failed to establish a prima facie case for failure to accommodate, discrimination and retaliation.  In reaching this conclusion, the court determined that in person attendance was an essential function of the job held by Hayes because in person attendance was required by the Army and, as a federal contractor, GStek had a business interest in honoring the Army’s conditions.  The court then concluded that, based on Hayes’ statement that he needed to work from home in order to perform the functions of his job, Hayes did not meet the definition of a qualified individual with a disability and, therefore, could not state any valid claims for disability discrimination, retaliation, or any other violation of the ADA. 

While this case is good news for employers, it highlights the need for an employer to prove what is an essential function of a job.  In person attendance at a work site can be an essential function of a job, but it must be shown to be so.  In the Hayes case, that showing was made by the requirements established by the Army and the court gave deference to GStek, who contracted with the Army, and its stated business interest of meeting its client’s demands.  Such a showing may be more difficult when an employer directly hires their own employees and sets the terms and conditions of employment.  Job descriptions, which accurately describe the responsibilities and demands of a job, are an important element in establishing the essential functions of a job and the need for an in-person workforce.  myHRcounsel can assist you with all aspects of disability accommodation, including the development of comprehensive job descriptions and the appropriate management of the interactive process.