Makowski v. SmithAmundsen LLC

Plaintiff, a law firm marketing director, took leave under the Family Medical Leave Act just before the birth of her child and continuing after the birth. While she was on leave, her supervisors informed her that her position was eliminated as part of an organizational restructuring and terminated her employment. She filed suit, alleging pregnancy discrimination under Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act; interference with rights under the FMLA; retaliation under the FMLA; and a violation of her right to a bonus under the FMLA. The district court granted summary judgment in favor of the defendants. The Seventh Circuit reversed.Statements allegedly made by the human resources director, fell within the scope of the h.r. director's employment and should have been admitted as nonhearsay under Rule 801(d)(2)(D). Those statements provided direct evidence of discriminatory intent and of a connection between taking leave and termination.