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Lust v. Sealy, Inc.

383 F.3d 580 (2004)

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Lust v. Sealy, Inc.

United States Court of Appeals for the Seventh Circuit

383 F.3d 580 (2004)

Facts

Tracey Lust (plaintiff) worked for Sealy, Inc. (Sealy) (defendant). Lust repeatedly complained to a supervisor that she was being passed over for promotions for discriminatory reasons. At the end of each of three of these meetings, the supervisor wrote memos noting that he was not promoting Lust because of issues with her interpersonal skills but that he planned to promote her soon. Lust sued Sealy for employment discrimination. At trial, Sealy tried to introduce the supervisor’s memos, but the trial court excluded the memos as inadmissible hearsay. The jury found for Lust, and the trial court entered a judgment in her favor. Sealy appealed, arguing that the supervisor’s memos should have been admitted under the business-records exception in Rule of Evidence 803(6).

Rule of Law

Issue

Holding and Reasoning (Posner, J.)

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