If Full-Time Remote Work Would Eliminate an Essential Function, You Don’t Have to Offer It

Key Takeaways

• In‑person attendance deemed essential function for Army contractor role
• Pandemic telework does not permanently alter job duties under ADA
• Partial remote work (2‑3 days) can satisfy reasonable accommodation
• Client contract authority can limit employer’s accommodation options
• Documented constraints provide strong defense against ADA lawsuits

Pulse Analysis

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations, but it does not mandate a specific form of accommodation. As courts grapple with the flood of post‑COVID remote‑work requests, the Fifth Circuit’s ruling underscores that temporary pandemic telework does not automatically redefine a position’s essential functions. Employers must assess whether in‑person presence is truly indispensable, based on operational needs rather than employee preference, and be prepared to articulate that analysis in clear, contemporaneous records.

In the case at hand, a government contractor sought full‑time telework after diagnoses of autism, major depressive disorder, and social anxiety. The employer offered a hybrid schedule—two to three days remote—while the Army, the contract holder, exercised its explicit authority to deny full‑time remote work, citing mission‑critical requirements. The court concluded that the employee could not perform essential in‑person duties even with the partial accommodation, rendering him ineligible as a qualified individual under the ADA. This outcome highlights that a well‑documented, limited accommodation can satisfy legal obligations, provided it does not eliminate core job responsibilities.

For businesses, the ruling offers a practical roadmap. First, identify and record any contractual or client‑driven constraints that limit accommodation options. Second, develop and implement a middle‑ground solution—such as a hybrid schedule—before rejecting a request outright. Finally, maintain a paper trail that details the rationale for essential functions and any third‑party restrictions. By proactively managing these elements, employers can mitigate litigation risk and navigate the evolving landscape of remote‑work accommodations with confidence.