Fourth Department - Disability discrimination: Rizzo v. Bd. of Ed. Of East Aurora Union Free Schl Dist.

Daily Record Staff//April 10, 2026//

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Disability discrimination — Reasonable accommodation — Teach from home

Rizzo v. Bd. of Ed. Of East Aurora Union Free Schl Dist.

CA 24-01314

Appealed from Supreme Court, Erie County

Background: The plaintiff commenced an action under New York state’s Human Rights Law asserting disability discrimination, failure to reasonably accommodate and retaliation. She appeals from the grant of summary judgment to the defendant.

Ruling: The Appellate Division affirmed. The court noted that the school district made plans to reopen after closure during the COVID-19 pandemic. The plaintiff requested an accommodation allowing her to work remotely and teach from home to avoid exposure because of a genetic immune deficiency. Because the plaintiff was required to supervise children as part of her core job duties, her request to work from home was not a reasonable accommodation.

Matthew D. Miller, of Rupp Pfalzgraf, for the plaintiff-appellant; Heather L. Dechert, of Webster Szanyi, for the defendants-respondents.