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Employment Law Update: Fourth Circuit Reinforces ADA’s “Qualified Individual” Requirement in Remote Work Dispute

Date: February 5, 2026
The U.S. Court of Appeals for the Fourth Circuit recently issued a decision in Haggins v. Wilson Air Center, LLC that offers valuable guidance for employers navigating disability accommodation requests, particularly those involving remote work arrangements. In its January 14, 2026, ruling, the Court affirmed summary judgment in favor of the employer, holding that an employee who repeatedly failed to report to work or communicate her absences was not a “qualified individual” entitled to protection under the Americans with Disabilities Act (ADA).

When the COVID-19 pandemic initially slowed Wilson Air’s aviation services business, Haggins, a long-tenured accounting assistant who was diagnosed with breast cancer during the pandemic, transitioned to full-time remote work. As business rebounded, however, she was asked to return to in-person work at least part-time due to some of her job duties that required a physical presence. Although Wilson Air offered Haggins a hybrid schedule with the flexibility to choose which days she would come in, to which Haggins agreed, she worked in the office for only portions of two days over an 80-day period and frequently failed to provide notice when she would be absent. Wilson Air ultimately terminated her employment for job abandonment.

The Fourth Circuit found that Wilson Air not only met but “frequently went beyond the ADA’s baseline” with its accommodation efforts. The Court emphasized that to be protected under the ADA, an employee must be a “qualified individual” who can perform the essential functions of her job with or without reasonable accommodation and that, while the ADA requires employers to engage in an interactive process, there is a reciprocal obligation on employees to participate in good faith. Because Haggins could not show up to complete her in-person tasks despite the hybrid schedule, the Court concluded that she could not perform her essential job functions and, therefore, she was not a “qualified individual.”

Employers should take note that, while remote work schedules can be a reasonable accommodation, employees who fail to uphold their end of an agreed-upon arrangement may lose their status as a "qualified individual" under the ADA. Employers facing similar situations should consult with Whiteford’s Labor and Employment attorneys to ensure they are navigating the interactive process appropriately.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.