Remote work has become a central issue in disability accommodation law. A key question has emerged in the post-pandemic workplace: when, if ever, must an employer allow remote work as a reasonable accommodation under the Americans with Disabilities Act (ADA)? The Fifth Circuit’s decision in Hayes v. GStek offers one answer under federal law—but its reasoning may have less force in New Jersey, where courts interpret the New Jersey Law Against Discrimination (NJLAD) more broadly and more favorably to employees. See, Royster v. NJ State Police, 227 N.J. 482, 499 (2017); Viscik v. Fowler Equip Co., 173 N.J. 1, 16 (2002); Failla v. City of Passaic, 146 F.3d 149, 154 (3rd Cir. 1998).
The Hayes v. GStek decision
Albert Hayes worked as an IT systems administrator for GStek, a contractor serving the U.S. Army at Fort Polk. During the COVID-19 pandemic, he worked remotely. When on‑site operations resumed, Hayes was diagnosed with Autism Spectrum Disorder, Major Depressive Disorder, and Social… Read the complete article here...
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