Seventh Circuit Revives Discrimination Lawsuit Against Law Firm

Two weeks ago, the Seventh Circuit Court of Appeals revived a discrimination lawsuit against the law firm of SmithAmundsen, which was dismissed by a federal district court judge.  Laura Makowski was the former Marketing Director of the law firm.  According to her lawsuit, Makowski claimed that while she was on maternity leave in 2008, she was told by the managing partner that her job was being eliminated during a restructuring.  The Human Resources Director allegedly later told her that the law firm fired her because she took maternity leave.  The district court held that the Human Rescources Director's alleged statement was inadmissible hearsay and excluded it when ruling on the employer's motion for summary judgment.  He then dismissed the case.  The appeals court held that the lower court erred in finding that the statement was hearsay, since it was made by an agent of the employer.  Makowski filed suit under the Pregnancy Discrimination Act and The Family and Medical Leave Act.