A New York appellate court has upheld the dismissal of a gender discrimination lawsuit filed by Heidi Leibowitz against the New York County Lawyers Association. The court's decision, issued on July 29, 2026, affects employees who may face similar discrimination claims in the workplace. This ruling clarifies the standards for proving discrimination under New York law.
The case, Leibowitz v. New York County Lawyers Association, was filed under docket number 2024-09482. Leibowitz claimed that her employer discriminated against her based on her gender and retaliated against her after she took maternity leave. The court's ruling is significant as it sets a precedent for how courts evaluate discrimination cases in New York.
Background
Heidi Leibowitz was employed by the New York County Lawyers Association when she took a pregnancy-related leave in April 2016. While she was on leave, her employer changed her position from full-time to part-time. Upon her return, the association repeatedly asked for her return-to-work date. When Leibowitz could not provide a specific date, the association terminated her employment effective September 8, 2016.
Leibowitz filed her lawsuit on August 7, 2019, alleging that her termination was due to gender discrimination and retaliation, violating both the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL). The New York County Lawyers Association responded by filing a motion for summary judgment to dismiss the complaint, arguing that Leibowitz did not provide sufficient evidence to support her claims.
The Ruling
The Appellate Division of the Supreme Court of the State of New York ruled in favor of the New York County Lawyers Association, affirming the lower court's decision to grant summary judgment. The court found that the association had provided a legitimate, nondiscriminatory reason for terminating Leibowitz's employment: her failure to specify a return date from maternity leave.
The court stated, "The defendant met its prima facie burden by demonstrating that the plaintiff's employment was terminated for a nondiscriminatory reason, namely her failure to commit to a return-to-work date."
The ruling emphasized that Leibowitz did not raise a triable issue of fact regarding whether the employer's reasons for her termination were a pretext for discrimination. The judges involved in the decision included Francesca E. Connolly, William G. Ford, Helen Voutsinas, and Laurence L. Love.
Impact
This ruling has significant implications for future employment discrimination cases in New York. It reinforces the requirement for plaintiffs to provide clear evidence that discrimination played a role in employment decisions. The court's decision clarifies that employers can defend against discrimination claims by showing legitimate reasons for their actions.
Employees in similar situations may find it more challenging to prove their cases if they cannot demonstrate that their employer's stated reasons for adverse employment actions are merely a cover for discrimination. This ruling may deter some individuals from pursuing claims if they fear they cannot meet the burden of proof.
What's Next
Leibowitz's options for appeal are limited as the court has affirmed the dismissal of her case. There is no indication of a related case pending that would affect this ruling. Details were not available in the court filing regarding any further legal actions Leibowitz may pursue.











