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NYC Teacher Wins Court Battle Over Religious Accommodation Denial

A New York court has ruled that the Department of Education unlawfully denied a teacher’s religious accommodation request.

In Weisel v. Department of Education of the City of New York, the Court found that our client’s termination, following the denial of her religious accommodation request relating to the COVID-19 vaccine mandate, was unlawful. Specifically, the Court determined that the DOE failed to provide a meaningful appeal process, disregarded due process protections, and neglected to engage in the interactive process required when considering reasonable accommodations.

The Court further rejected the DOE’s reliance on a purported waiver and release, concluding that it could not serve as a valid bar to relief where allegations of duress were substantiated. Of particular importance, the Court noted that while similarly situated speech pathologists were afforded remote work accommodations, Ms. Weisel was denied comparable consideration, notwithstanding her sincerely held religious beliefs. Such disparate treatment was found to constitute unlawful discrimination under Title VII of the Civil Rights Act, the New York State Human Rights Law, and the New York City Human Rights Law.

By granting the petition and denying the DOE’s cross-motion to dismiss, the Court remanded the matter for a proper determination of the appeal process and of Ms. Weisel’s request for a religious accommodation. The Court also directed consideration of her reinstatement to her tenured position, the retroactive restoration of her seniority and salary, and corresponding pension contributions.

This decision reaffirms the fundamental importance of religious accommodation protections, the preservation of due process rights, and the obligation of educational institutions to apply the law consistently and without unjustified or unreasonable action. Through our firm’s advocacy and our client’s determination, this ruling marks a critical step toward restoring fairness and equal treatment for educators across New York City.

Filed court documentation may be accessed here:
Supreme Court of the State of New York, Kings County

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