Rosenberg v Nassau BOCES
2026 N.Y. Slip Op. 04883
Appellate Division, Second Department · August 5, 2026
What the court decided
A special education teacher whose health condition put her at heightened risk during COVID-19 asked to teach her at-home students from her own home for the 2020-2021 school year. The employer considered the request, discussed it with her, and instead offered to let her teach the same at-home students remotely from inside the school, with COVID-19 safeguards. She declined and retired. The court held that the employer had "duly considered the requested accommodation" and offered a reasonable one, which defeated her State-law accommodation claim, and that she had not shown an adverse action or pretext for her discrimination and constructive discharge claims.
Who won
The employer won. The Appellate Division affirmed summary judgment dismissing the accommodation, discrimination and constructive discharge claims.
Why it matters for workers with a medical condition
The employer chooses among effective accommodations. If it considers your request in good faith and offers a different arrangement that meets your medical need, turning that offer down can end the claim.
Key passage: 2026 N.Y. Slip Op. 04883 at *1-2.
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