Fifth Circuit Tosses Autistic Worker's Suit Over Telework Denial

"Albert Hayes, an ex-Army contractor diagnosed with autism and social anxiety, lost his bid to revive his lawsuit alleging his employer didn't provide a reasonable accommodation to telework and retaliated by terminating him."

"Hayes-who was diagnosed with autism, major depressive disorder, and social anxiety disorder-sued GStek Inc. after the company terminated his employment due to his absenteeism."

"Judge Edith H. Jones of the US Court of Appeals for the Fifth Circuit said Hayes didn't provide enough evidence to support any of his claims of discrimination and retaliation under the Americans with Disabilities Act."

An ex-Army contractor with autism and social anxiety sued his employer after termination for absenteeism. He alleged the employer failed to provide a reasonable accommodation by allowing telework and retaliated against him for his disability-related requests. The appeals court affirmed the lower court’s decision, finding he did not provide enough evidence to support discrimination or retaliation claims under the Americans with Disabilities Act. The court concluded that the record did not establish the required elements for either the accommodation claim or the retaliation claim. As a result, the attempt to revive the lawsuit failed and the termination decision remained upheld.

Read at Bloomberglaw