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Law School Case Briefs

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Laura A. Makowski v. Smithamundsen

Court of Appeals for the Seventh Circuit (2011) | 662 F.3d 818; 18 Wage & Hour Cas.2d (BNA) 601; 86 Fed. R. Serv. 1467; 2011 U.S. App. LEXIS 22583; 94 Empl. Prac. Dec. (CCH) 44,324; 113 Fair Empl. Prac. Cas. (BNA) 1351; 2011 WL 5443617

4 min read

TL;DR: An HR Director told a terminated employee she was fired for being pregnant and taking FMLA leave. The court held this statement was an admissible admission by a party-opponent, not hearsay, reversing summary judgment for the employer on discrimination and FMLA claims.

Legal Significance: Clarifies the scope of FRE 801(d)(2)(D), holding that an agent’s statement concerns a matter within the scope of employment if their duties relate to the *decision-making process* affecting the adverse action, even without direct involvement in the final decision itself.

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